Tag: Divorce Proceedings

No Need to Prove Fault for Divorce [caption id="attachment_18170" align="alignright" width="350"] No fault divorce[/caption] Despite what you may see on television shows, movies or in the media, there is no need to prove that a party to a marriage was ‘at fault’ for a relationship breakdown. It is a common misconception that if one party’s behaviour contributes to the relationship breakdown, the other spouse will receive a more favourable outcome in the property settlement or parenting arrangements. Put simply, the...

Am I eligible to commence divorce proceedings? [caption id="attachment_17912" align="alignright" width="350"] divorce proceedings in Australia[/caption] Divorce proceedings can be initiated in Australia if either you or your spouse: is an Australian citizen; is domiciled in Australia; or has been ordinarily resident in Australia for the past three years. For the purposes of family law proceedings in Australia, ‘ordinarily resident’ means that someone has voluntarily chosen to live in Australia for a settled purpose. If there is a relationship breakdown, you...

Family law matters are often emotionally charged and complex, requiring careful consideration and professional guidance to navigate successfully. In Far North Queensland, specifically in Cairns, there are various legal services available to assist individuals and families facing challenges in areas such as divorce, child custody/living arrangements, and property settlement. This blog aims to shed light on the diverse range of family law services in Cairns, empowering residents to make informed decisions during difficult times. Divorce and Separation [caption id="attachment_17879" align="alignright"...

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...

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...