Navigating family law matters can be complex and emotionally charged. To assist you, we’ve compiled answers to the most frequently asked questions in Australian family law.
What is the sole ground for divorce in Australia?
In Australia, the only ground for divorce is the irretrievable breakdown of the marriage demonstrated by a 12-month separation period. This means that the court does not consider reasons such as adultery or desertion when granting divorce.
How is property divided after a divorce?
Property division is determined on a case-by-case basis, considering factors like:
The financial and non-financial contributions of each party
The future needs of each party, including ages health, income and responsibilities
The length of the relationship
The goal is to achieve a just and equitable division of assets
Do de facto couples have the same rights as married couples?
Yes, de facto couples, including same-sex couples, have similar rights to married couples regarding property division and parenting matters. However, de facto couples must apply to the court within two years of separation for property settlements.
Do I need to go to court for a divorce or property settlement?
Not necessarily. Many family law matters can be resolved through alternative dispute resolution methods like mediation. However, if an agreement cannot be reached, court proceedings may be necessary.
What are parenting orders, and how are they determined?
Parenting orders are legal decisions made by the court regarding the care, welfare, and development of children. The court considers the child’s best interests, including:
The benefit of a meaningful relationship with both parents
The need to protect the child from harm
The child’s views, depending on their age and maturity
Recent reforms have removed the presumption of equal shared parental responsibility, focusing instead on the child’s safety and well-being.
Can grandparents seek parenting orders?
Yes, grandparents can apply to the court for parenting orders to spend time with their grandchildren. It’s often encouraged to attempt mediation before applying to the court.
How is child support calculated?
Child support is calculated using a formula that considers both parents’ income, the care arrangements for the child, and other factors. The Department of Human Services (DHS) administers child support assessments and collections.
What should I do if I experience family violence?
If you’re experiencing family violence, it’s crucial to seek help immediately. You can apply for a protection order through the court and access support services. The court will prioritise the safety of individuals and may make orders to protect against further harm.
Can I change my child’s name without the other parent’s consent?
Generally, both parents must consent to changing a child’s name. If one parent disagrees. The matter may need to be resolved through the court. The court will consider the child’s best interests when making a decision.
How can I protect my assets in a divorce?
To protect your assets, consider:
Entering into a binding financial agreement before or during the relationship
Keeping records of all financial contributions and assets
Seeking legal advice early in the process
Legal professionals can provide guidance tailored to your specific situation.
Need Assistance?
Family Law matters can be complex and emotionally draining. Seeking legal advice early can help you understand your rights and obligations, and ensure that yur interests are protected throughout the process. If you have questions or need assistance, contact our experienced family law team today.
For more information, contact:
e: lawyers@mcpgroup.com.au
p: (03) 9620 2001
w: www.mcplegal.com.au
The information contained within this post does not constitute professional legal advice
