What are the Family law Court considerations during separation?

Although separation is not clearly defined under the legislation, the Family Law Court normally considers the effect the following three elements:nn1. Either or both parties forming an intent to end the relationship;n2. Either or both parties communicating to the other that the relationship has come to an end; andn3. The parties thereafter leading separate and independent lives from the other.n

What procedure required to withdraw the divorce application?

The procedure required to withdraw the divorce application before the Court is known as a “Notice of Discontinuance”, a document used to discontinue your application, response, or notice of appeal or withdraw part of your case.nImportantly, if one party files a notice of discontinuance, this does not prevent the other party from continuing to seek the orders they have sought, including orders for costs. If the next court listing for your matter is not vacated even after you have lodged the Notice of discontinuance, it is in your best interest to attend that event so that no Court Orders are made in your absence. Learn more...n

What happens if anyone fraudulently entered into a legal marriage?

If the parties fraudulently entered into a legal marriage, an application may be brought before the Court for a declaration of nullity. The Marriage Act 1961 (Cth) provides on what grounds a party may apply for a decree of nullity.nnEffectively, this is an order finding that declares the original marriage invalid on the following grounds:nn1. One or both of the parties to the marriage were already married at the time;n2. One of both of the parties were under-age and did not have necessary approval; orn3. One of both of the parties were forced into the marriage under duress.n4. One party was mistaken as to the identity of who they were marrying;n5. One party was mistaken as to the nature of the ceremony; orn6. One party was mentally incapable or understanding the effect of the marriage.nnThe Court will not declare a marriage invalid on the grounds of:nn1. Non-consummation of the marriage;n2. Never having lived together;n3. Family violence; orn4. Other incompatibility situations.

What If I were married overseas, can I apply for a divorce in Australia?

If you were married overseas, you are able to apply for a divorce in Australia provided you or your spouse:nn1. Regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or resident; orn2. Are an Australia citizen or resident; orn3. Are an Australian citizen by birth or descent; orn4. Are an Australian citizen by grant of Australian citizenship; orn5. Ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

SEPARATION AND DIVORCE Archives

26 Jul 2017

SEPARATION AND DIVORCE

James Noble

Separation and Divorce - Considerations, Procedures, legality Separation and divorce can be highly challenging and burdensome periods in the lives of both individuals involved. Usually, the dissolution of a partnership or "separation" happens when the relationship is terminated due to the actions or behaviours of one or both parties. Family law Court considerations during separation and divorce [caption id="attachment_18113" align="alignright" width="350"] Family law Court considerations during separation and divorce[/caption] Although separation is not clearly defined under the legislation, the Federal...

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