The Family Court has developed a trial process aimed at minimising the negative impact that an adversarial trial can have on the parties involved, especially the children. The Family Court takes a less adversarial approach to trials in child-related proceedings. This means a trial in a child-related proceeding. Is focused on the children and their …
Child support The child support scheme aims to ensure that children receive an appropriate level of financial support from parents who are separated. The Department of Human Services (DHS) delivers the scheme and provides services to parents and carers. DHS assists parents to apply for a child support assessment and facilitates the collection and transfer …
Emotionally, psychologically, socially divorce can be very difficult indeed. Add the hot button topics of children, finances and property to the mix and it is no wonder that divorce is probably one of the most challenging life events to ever be involved with. So no it is not easy, but from the legal point of …
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When a marriage or de facto relationship breaks down property can be divided between the parties. Superannuation is treated as property under the Family Law Act 1975 but it differs from other types of property because it is held in a trust. Superannuation splitting laws allow superannuation to be divided when a relationship breaks down. This is …
Quite frequently as circumstances change, the parties may wish to make some changes to a Parenting Order. At other times, the parents may feel that the orders are simply not working as intended. The question is can the parenting order be changed. The short answer is yes. There are 3 scenarios in which Court orders …
Pre-nup, pre-nuptial, Binding Financial Agreement, BFA – no matter what you call it. It’s the only way to protect your assets in a marriage or de facto relationship. Fixed fee only $2200 with Jano + Co Australian Family Law.
If your relationship ends, property may be divided between you and your partner by agreement or by going to court. The costs of getting a formal property settlement can be as low as the costs of getting consent orders or a binding financial agreement prepared. Even if you are able to reach a property settlement …
Separation is when you and your partner stop living together in a domestic or marriage-like relationship. Your partner does not have to agree to the separation, however he or she needs to know that you think the relationship is over. There are no legal processes to become separated. Divorce is the official ending of marriage. …
What is Spousal Maintenance? Maintenance is when a partner has to maintain their ex-partner financially after a relationship ends. It is different to child maintenance. Generally, people only have to pay maintenance if they can afford it and their ex-partner can’t support themselves. You may receive or pay maintenance if: you are separated or divorced …
Spousal Maintenance (Financial Maintenance for Ex Partners) Read More »
In a previous blog post about how assets are divided in a divorce property settlement, we touched on the concept of the relationship property pool. Now we take a deeper look at what goes into the property pool. All property of the relationship is considered part of your ‘property pool’. The net asset pool is …
A common family law question is, how are assets divided or split in a divorce in Australia? Perhaps the main thing to realise is that the divorce itself does not divide your assets and money automatically. You can go to court to get your divorce order, but all you are getting is the legal dissolution …
