In 1975 the Family Law Act established the principle of no-fault divorce in Australia. This means that there is no longer any requirement for one of the parties to be considered 'at fault' for the relationship breakdown. The court only requires that there is an irretrievable breakdown of the marriage, in order to grant a divorce.
If you and your husband/wife have been married for less than 2 years, then you must attend counselling before filing an Application for Divorce. The two years is calculated from the date of the marriage to the date of applying for the Application for Divorce.
When you divorce in Australia and you lodge your Application for Divorce, you are required to notify the other party (your husband or wife) that you have done this; unless you make a joint application. This notification is referred to as ‘service’.
We have seen an increase in family law matters where one set of parents have provided money to their child and that child has subsequently separated from their partner. Whether the money provided by parents is a gift or a loan, can affect each party's entitlements when they divorce.
We have seen an increasing interest of late in parents considering providing money to their kids. One of the most common reasons is to help with the purchase of their first home. But is that money a gift? Or is that money a loan that needs to be repaid?
Getting married (or divorced for that matter) can have significant impacts upon any Will, Power of Attorney or Appointment of Guardian you already have in place. Likewise, if you didn’t have any of these documents before marriage, now’s the time (before marriage or divorce), to get them done.
Consent Orders are a written agreement between the former spouses that is approved by the Family Court of Australia. They can be made in relation to parenting matters, or financial matters, or both and are legally enforceable.
Co-parenting has its challenges such as managing the weekly commitments of the childrens’ schooling and extracurricular activities. Now we have to add into the challenge an invisible enemy in the form of the COVID 19 pandemic.