Tag: separation

How Long Does It Take To Get A Divorce? Before granting a divorce, the Federal Circuit and Family Court of Australia must be satisfied that there is no chance of reconciliation and there is no reasonable chance that the parties will get back together. For this reason, parties must be separated for a period of at least 12 months before applying to get a divorce.  Once this period has passed, you may complete an Application for Divorce either solely or...

A common question asked in Family Law is who is legally entitled to the matrimonial home during separation?  It is not as simple as one party kicking the other party out of the home. What be done if the property is in your name or What if the property is owned by both parties?  Property which is part of a Family law dispute has different rules to commercial and property law. Family Law the possession and ownership do not have...

Mental Health and Family Law Separation is one of the most significant life events a person can experience. Worry, anxiety, and stress over the uncertainty surrounding the arrangements for the children, money, and a property settlement division can be extremely difficult to cope with under challenging circumstances. [caption id="attachment_11521" align="alignright" width="336"] Mental Health and Family Law[/caption] It’s therefore important that you prioritize your mental health and wellbeing during this time. Talk to your friends or family members for support. Take...

Marriage Separation Process in Australia (Marriage, Families and Separation Brochure, Certificate) Marriage Separation Process in Australia or in your family. What does it mean for you? Have you clearly thought it through? This could be one of the most traumatic experiences a family will face. Family Separation can be devastating for everyone involved. How well you handle a separation will impact on how well you and your family cope now and in the future. Are the traumas and conflicts that...

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...

What does Parental Conflict Impact on Children? Parenting disputes involving high levels of conflict and animosity between the parties often lead to children of the relationship developing emotional, social, and behavioural problem in addition to negatively impacting concentration and educational achievement. These conflicts also affect how children view the safety and security of their homes, as they often blame themselves for the Parental Conflict. Parenting arrangements involving high levels of conflict and anger post-separation are twice as likely to foster...

Healthy and meaningful relationship Last year a Court dispute between Brad Pitt and Angelina Jolie resulted in the Superior Court of Los Angeles County imposing an order for the five children to spend more time with their father. When providing reasons for the judgment, the Court provided “it is critical that each child have a healthy and meaningful relationship with both parents”. The new order changes the original full-time custody arrangements in favor of Jolie to allow Pitt anywhere between...

Better Health During Divorce Process Going through separation and the divorce process can be stressful on so many levels. That’s why it’s imperative you really make an effort to look after your health throughout the entires. How to survive the divorce process Getting sick or rundown is not going to help when you are facing the divorce process, so here are a few tips to stay mindful of as you strive to close this major chapter of your life. #1...

How to protect yourself after separation? Separating after a long-term romantic relationship can be tough to deal with on an emotional level, but dealing with the pain is only a part of what has to be done. Now is the time to also tidy up some loose ends and protect yourself now that the relationship or marriage is over. To protect yourself after separation, there are a number of things you should be doing, including the following: 1. Change Your...

Top 10 Matters to think about when separating Seek advice from your accountant or financial adviser on the financial consequences arising from a separation. Work out a budget for your essential living expenses, not only for yourself but your children. List all your expenses. Download a financial statement from the Family Court website which will give a good guide to the expenses which you should consider. Do you have enough income to pay for your expenses and those of your...

If the marriage separation process does occur. What should you do? A marriage separation process has three elements; Either party or both intend to end the relationship; Either party indicates that intention to the other party and; One of the parties or both parties act upon that intention to end the relationship and lead separate lives There are important things that you should consider if marriage separation is inevitable. If there are difficulties in your relationship look for a solution....

The difficulties facing our client. We are dealing with a matter where the parents have separated and are having difficulties with their child who is 2 years of age.  Alex (not his real name) is two years of age.  He has a strong bonding relationship with his mother who has been the primary carer in his life.  A child of this age, as noted in the enclosed articles, may stress at being separated from the bonded parent for an extended...

Are you considering separation? What to do if you are considering Separation? A separation in your family. What does it mean for you? Have you clearly thought it through? This could be one of the most traumatic experiences a family will face. Separation can be devastating for everyone involved. How well you handle a separation will impact how well you and your family cope now and in the future ? Are the traumas and conflicts that you are now facing...