Category: Divorce

How to Obtain an Australian Child Passport for My Child After Separation? Before obtained an Australian Child Passport, the Passport Office requires the child’s parent or any other person with parental responsibility to provide written consent to the passport being issued. Therefore, the easiest way to obtain an Australian Child Passport is to receive consent from the other parent. However, this will not always be possible. In circumstances where the other parent refuses to provide written consent or does not...

What should you do if Family Law Matter makes Delay? Merging Family Courts and Early Senate Reports The current structure of the Family Court of Australia and Federal Circuit court of Australia have led to systematic backlogs of cases, with Judges required to hear a multitude of matters on a single day. This has led many parties who have proceedings before the Court to be frustrated, and rightly so. The planned merging of the Family Court of Australia (FCA) and...

What is the family law act 1975? Family law act 1975 is the Laws relating to marriage and divorce and the reasons relating to marriage and with it and otherwise the financial responsibility of the parents of the children and the de-facto relationship and some other matters relating to divorce. What is the purpose of the Family law act 1975? The Family Law Act 1975 focuses on the rights of children and the responsibilities that every parent has towards their...

Online Divorce Application Options What Happens If My Ex Won’t Sign the Divorce Papers? Divorce can be a very difficult time in both parties’ lives. But here you can find a better solution for Online Divorce Application. Sometimes after the breakdown of a marriage, one party has difficulty in accepting this fact and may refuse to sign divorce papers. Other situations might involve a controlling ex-partner or parties who believe they will get back together. For whatever reason, if the...

Binding Financial Agreement & Provisions of Family Law Act While binding financial agreement, Parties may wish to determine the ownership of their assets and liabilities whilst contemplating or living in a relationship (including same-sex relationships), contemplating entering into a marriage, during a marriage or after a divorce, may wish to set out terms in an agreement which determines how their property and liabilities should be determined should their relationship break down. Provisions in relation to Binding Financial Agreement came into...

Bankruptcy Act 1996 and Family Law Act 1975 - AustLII and Divorce Loopholes Under the bankruptcy act 1966 law, creditors are unable to claim against a person’s estate if that person has declared bankruptcy. However, there are certain situations where the bankruptcy act 1966 can be orchestrated to appear this way, so as to purposely avoid paying debts. Calls for Divorce Loophole Crackdown: Criminals Skirting the Law The recent case involving Michael Williamson, disgraced former Health Services Union Boss, highlights...

Australian divorce law property settlement, How Your Ex Can End Up With Your Estate? "Australian divorce law property settlement", says A breakdown of a relationship can be one of the hardest times in a person’s life. During this time, individuals often undergo immense changes to routine, living environments, and lifestyle. In the midst of grieving, possibly moving to a new residence, organizing your affairs, and trying to get your life back on track, it’s easy to forget some of the...

What is a binding financial agreement? A Binding Financial Agreement is a private contract between two parties in which they are effectively finalizing property settlement and spousal maintenance issues outside of the Court. Also referred to as “pre-nups”, binding financial agreements are created between parties of a relationship or marriage to legally protect and allocate assets if the event the marriage ceases. Whilst many people believe planning for divorce before the marriage begins is controversial, a binding financial agreement is prudent estate planning, similar to...

Parties Wastage Following Separation Usually during cases of separation or divorce proceedings which reach the Court, one party has made the other party’s life very difficult, often causing heated disputes and emotions. Although a party may have been difficult, lied, cheated or has caused the other significant pain, the other party is not typically entitled to any additional money during property settlement. In determining Family Law property settlements, a party’s immoral actions or conduct such as infidelity, minor violence (not...

Who Keeps the Engagement Ring Law after Separation? [caption id="attachment_11754" align="alignright" width="350"] Engagement Ring Law[/caption] Who keeps the engagement ring after divorce/separation according to engagement ring law? One of the big questions couples have after a relationship breaks down is what happens to the engagement ring. The issue of which party has a claim to this item can be contentious, with many different opinions based on tradition, morals, and conventions. Where parties are disputing the ownership of the ring, this...

Contesting A Deceased Estate If you believe that a deceased friend or family member’s Will does not reflect their last wishes or are concerned with the circumstances and nature of an updated will, you may challenge the validity of the Will. This situation commonly arises where the deceased friend or family member may not have been in the right state of mind to understand what they were doing, or if a fellow family member has manipulated the person's wishes. To...

Divorce and pets: Who Gets Animals in Divorce Proceedings? As animals have become an integral part of modern relationships, it is important to understand what happens to your pets during the separation and divorce proceedings. Given that one or both parties may have special connections to their pets, the decision of who gets the primary care of the animal can sometimes be tense and lead to hostile situations. Some of the situations regarding Animals During Divorce Proceedings that commonly arise...

Since the implementation of the Marriage Amendment (Definition and Religious Freedoms) Act 2017, factors such as sex and gender no longer affect Australian marriage rights, with same-sex marriage now legal amongst all states and territories. These changes altered the existing Marriage Act 1961, redefining marriage to be ‘the union of two people to the exclusion of all others, voluntarily entered into for life’. Same-sex Marriage Marriages involving couples of the same-sex are recognised with Australian divorce proceedings, regardless of whether...

James Noble Law - The James Noble Family Law near Brisbane James Noble Law will look for alternate resolutions to resolve family disputes to ease the emotional issues and to minimise financial costs. We will examine alternative dispute resolutions that may provide a more suitable resolution including negotiation, collaboration and mediation. All of our solicitors are admitted to practice in the Family Court of Australia, Federal Circuit Court of Australia and Supreme Court of Queensland. Our professional staff regularly conduct...

Best Time For Divorce The promotion of the best time for divorce is intended to bring attention to the importance of minimizing conflict between couples following the unfortunate breakdown of the relationship. Common in these situations, both parties will be subject to a wide range of difficult emotions; inevitably though, both parties will suffer.   During these times of significant transition, children often find it difficult to cope with the vast number of events happening. Children may typically display and...

Are you Getting Divorced? While we all want and need emotional support from those we are closest to when going through a marriage crisis and potential divorce, it’s not always wise to seek critical advice about what to do or how to handle the situation of getting divorced from the people we know. This is a very crucial time of life when emotions are running hot. If you tell your loved ones that your partner has up and left you,...

Coping During Separation and Divorce There are not many moments we’ll encounter in life than can be more stressful and depressing than going through the breakdown of a romantic relationship. Throw the process of a divorce into the mix and things can become even more confusing and exasperating. Here are a few top tips to focus on when enduring this stressful period, helping you to cope better throughout the process. If You Have Children, Put Them First Separation and divorce...

Divorce property settlement examples Hang on.  If you are in a relationship, does your partner have an interest? Unfortunately, the winning may not all be yours.  How would be the Family Court view on "Divorce property settlement examples" for a gold lotto prize?   A windfall can either be a sizable inheritance or a lotto win. In the eyes of the Family Court, an inheritance is treated differently to a lotto win. The Family Court has great difficulty in distinguishing...