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Showing posts from March, 2023

What Do I Do if My Former Partner Will Not Do Mediation?

Introduction to Family Dispute Resolution in Australia Family Dispute Resolution (FDR) is an important part of the family law system in Australia, providing an opportunity for separated couples to resolve their disputes outside of court. FDR is a process that involves the assistance of an independent third party, known as a family dispute resolution practitioner (FDRP), who helps couples to reach agreement on issues such as parenting arrangements, property settlement, and child support. FDR is a mandatory requirement in Australia for separated couples who want to apply to the court for parenting orders. This means that before a court will hear a parenting dispute, the parties must have made a genuine effort to resolve the dispute through FDR. FDR is a flexible process that can be tailored to the specific needs and circumstances of the parties involved. It can be conducted face-to-face or by telephone, and can involve both parties or just one party attending. The FDRP will work with ...

Stepparent Rights and Family Law in Australia

Stepparents play a significant role in the lives of many children in Australia. They may have entered the family through marriage or a de facto relationship, and they often build close relationships with their stepchildren. However, stepparents may face challenges when it comes to legal rights and obligations. In this article, we will explore the stepparent rights and family law in Australia, including how to apply for stepparent adoption, financial obligations, parenting arrangements, and more. Understanding Stepparent Rights in Australia In Australia, stepparents have limited legal rights and obligations when it comes to their stepchildren. They are not automatically granted parental responsibility, nor are they required to pay child support. However, stepparents can apply for parenting orders and adoption to gain legal status and responsibilities over their stepchildren. The Different Types of Stepparents Defined There are two types of stepparents in Australia: a stepfather and ...

Duty of Disclosure in Australian Family Law

In Australian family law, parties involved in legal proceedings have a duty of disclosure, which requires them to provide all relevant information to the other party. This duty is an essential aspect of the legal process as it enables both parties to have access to all the necessary information to make informed decisions. What is Duty of Disclosure? The duty of disclosure applies to all family law proceedings, including divorce, property settlements, and parenting arrangements. It also applies to financial agreements made before, during, or after a marriage or de facto relationship. The duty of disclosure includes disclosing all documents and information that are relevant to the case, even if they are not requested by the other party. This includes information about income, assets, liabilities, superannuation, and any other financial information that could affect the outcome of the case. The duty of disclosure is ongoing throughout the legal process, and parties must disclose any n...