Family law Articles
Divorce
Divorce is a challenging and emotional process that marks the end of a marriage. In Australia, obtaining a grant of divorce involves following a specific legal procedure. This article aims to provide a brief overview of divorce in Australian courts and the steps involved in securing a grant of divorce.
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Parenting orders
When it comes to matters involving children after separation or divorce, the well-being and best interests of the child are of utmost importance in Australian family law. This article explores the process of obtaining parenting orders in Australia, focusing on the paramount considerations set out in Section 60CC of the Family Law Act 1975.
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Financial orders
Separating from a partner can be a challenging time, especially when it comes to dividing financial assets and liabilities. In Australia, the Family Law Act 1975 provides a framework for obtaining financial orders in family separations. This article aims to provide an overview of the process involved in obtaining financial orders in Australian courts.
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I'm separated, what next?
After a relationship or marriage breaks down, navigating living arrangements can be challenging for separated couples. Some couples may choose to continue living under one roof temporarily, while others may opt for one party to move out. Understanding the legal implications of these choices is important, as the Family Law Act 1975 in Australia provides guidance on post-separation arrangements.
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who cares for the children?
When a relationship or marriage ends, one of the most crucial and emotionally charged issues to address is child custody. In Australia, the Family Law Act 1975 provides a framework for determining child custody arrangements. This article aims to provide an overview of child custody under Australian law, with a focus on the Family Law Act 1975.
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WHAT IS THE ASSET POOL
When a relationship or marriage breaks down, one of the key aspects to address is the division of property and assets. In Australia, the Family Law Act 1975 provides guidelines for determining how the asset pool is divided between separating couples. This article aims to provide an overview of how the asset pool is determined in Australian courts during property division proceedings.
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Mediation
Resolving family law disputes can be emotionally challenging for all parties involved. In Australia, the legal system emphasizes the importance of mediation as a first step in attempting to reach a mutually acceptable agreement before resorting to court proceedings. This article explores the requirement of mediation in family law matters in Australia and delves into what is involved in the mediation process.
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Contravention Application
In family law matters, adherence to court orders and parenting plans is crucial for ensuring the well-being and stability of all parties involved, particularly children. When one party fails to comply with these orders, the other party may need to make a contravention application. This article aims to provide an overview of the process of making a contravention application and explores the possible outcomes.
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Enforcement Order application
In family law matters, court orders are crucial for ensuring the rights, responsibilities, and obligations of parties involved. However, when one party fails to comply with these orders, it may become necessary to pursue an enforcement order application in the Family Court. This article provides an overview of the process of making an enforcement order application and explores the potential outcomes that can arise from such applications.
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In the realm of family law, binding financial agreements provide couples with a way to secure their financial arrangements and protect their assets in the event of a relationship breakdown. Also known as prenuptial agreements or "BFAs," these legal contracts can offer numerous benefits, such as certainty, control, and the avoidance of lengthy court battles. However, it is important to understand the implications of entering into a binding financial agreement and the factors involved in challenging or seeking to set aside such agreements.
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In family law proceedings, the preservation of assets is crucial to ensure a fair and equitable distribution of property. Mareva injunctions, also known as freezing orders, play a vital role in safeguarding assets during family law disputes. This article explores the concept of Mareva injunctions in family law proceedings, their purpose, and highlights some of the leading cases that have shaped their application.
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