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Showing posts from December, 2022

In a Divorce Who Gets What?

In Australia, the laws governing the distribution of property and assets during a divorce are contained in the Family Law Act 1975. The general principle is that the court will aim to divide the property and assets of the parties in a just and equitable manner, having regard to the financial and non-financial contributions made by each party to the acquisition, conservation, and improvement of the property, and the future needs of each party and any children of the marriage. There are several factors that the court may consider when determining how to divide the property and assets of the parties, including: The financial and non-financial contributions made by each party to the acquisition, conservation, and improvement of the property. The future needs of each party, including the need to provide for any children of the marriage. The income, property, and financial resources of each party. The age and health of each party. The commitments of each party to the welfare of any ch...

Mediation or Litigation. What is the Best?

In family law cases in Australia, parties have the option of resolving their disputes through either mediation or litigation. Both approaches have their own benefits and drawbacks, and the right option for a particular case will depend on the specific circumstances of the case. Mediation is a voluntary, confidential process in which a trained mediator helps the parties communicate and explore options for resolving their disputes. The mediator does not have the power to make decisions or impose settlements, but can help the parties reach an agreement on their own. Mediation can be faster and less expensive than litigation, and can also be less stressful and more amicable for the parties. Litigation is a legal process in which the parties present their case to a judge or jury, and a decision is made based on the evidence and arguments presented. Litigation can be more formal and adversarial than mediation, and can be more expensive and time-consuming. However, it may be necessary if th...

Final Hearing in Family Law Disputes

What is a final hearing in family law in Australia? A final hearing in family law in Australia is a court proceeding in which a judge makes a final decision on the issues in a family law case. These issues may include matters related to the care and protection of children, property division, and spousal maintenance. The final hearing is usually the last stage of the court process, and it is typically held after the parties have had the opportunity to present their evidence and arguments to the court. In a final hearing, the judge will consider all of the relevant evidence and arguments presented by the parties, and will make a decision based on the best interests of the children and the principles of fairness and justice. The judge may also issue orders or make declarations that are binding on the parties, such as orders for child support or orders for the sale of property. It is important for parties to a family law case to be prepared for the final hearing and to present their cas...

Consent Orders. All Your Questions Answered. 2023 Update

What are Consent Orders? A consent order is a legally binding agreement that is made between parties involved in a legal dispute and is approved by a court in Australia. It is used as a way to resolve a dispute without the need for a full trial or hearing. Consent orders can be made in a variety of legal matters, including family law, civil disputes, and bankruptcy proceedings. They can be used to resolve issues related to property, finances, children, and other matters. To be effective, a consent order must be agreed upon by both parties and approved by a court. It is usually drafted by a lawyer and then presented to the court for approval. Once a consent order is approved, it has the same legal force as a court judgment. There are several advantages to using a consent order to resolve a legal dispute. One of the main benefits is that it can save time and money by avoiding the need for a full trial. It can also provide a sense of closure and finality for the parties involved, as t...

Commonly Asked Family Law Questions

When Can I Get a Divorce in Australia? In Australia, a couple can apply for a divorce if they have been separated for a period of at least 12 months. This means that the couple must have been living separately and apart for at least 12 months, with no reasonable likelihood of resuming their relationship. The couple must also demonstrate that their marriage has broken down irretrievably. In order to apply for a divorce in Australia, at least one of the parties must be an Australian citizen or a permanent resident of Australia. What is a Property Settlement in Australia? A property settlement is the process of dividing the assets and liabilities of a married or de facto couple who are separating or divorcing. In Australia, the Family Court has the power to make orders for the division of property between married couples and de facto couples, including same-sex couples. The court considers a range of factors when determining how to divide the couple’s property, including the financial ...