Family Law and Divorce

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RESIDENCE / CONTACT OF CHILDREN

After separation, if you can both agree on where the children will live, and the hours of contact of the other parent, you can register your agreement with the Family Court: these are called Consent Orders.

If you cannot agree on residency/contact issues with the children, you may need to seek legal advice. Counselling and mediation are an effective way of helping to sort out these issues and the Court strongly encourages parents to attend Counselling.

If Counselling and mediation do not resolve the issue, you may need to initiate proceedings in a court of law.

HOW DOES THE COURT DECIDE WHERE THE CHILDREN WILL LIVE?

The course must regard the best interests of the child as the main consideration when making a parenting order. They look at any wishes expressed by the child, the nature of the relationship of the child with each of the parents, the likely effect of any changes in the child’s circumstances, the difficulty and expense of the child having contact with a parent, the capacity of each parent to care for the child, the child’s maturity and the need to protect the child.

PROPERTY SETTLEMENTS

An application to a court can be made at any time after the marriage has broken down. If a Divorce has been granted, you must make an application within 12 months of the Property can include real estate, bank accounts, shares, cars, household contents and even superannuation, this is not an exhaustive list. If you can agree on how property should be divided you can register your agreement with the Family Court, these are called Consent Orders and a Solicitor can assist you to draw these up.

If you can not agree on how the assets should be divided, it is suggested that you attend concilation or mediation. The Court strongly recommends couples to do this. If this does not bring about a solution, you can make an application with a court of law. Depending on the size of the asset pool, will depend on which court you make your application in.

DIVORCE

To apply for a Divorce you must have been separated from your spouse for a minimum of 12 months. The only grounds of divorce is that the marriage has broken down irretrievably. If you have children under the age of 18, the Court must ensure that you have made arrangements for their care and welfare before they will grant a Divorce. You can apply for a divorce together or by yourself. If you have been married for less than two years, you must prove to the Court that you tried to reconcile: that is attend counseling. An Application to the Federal Magistrates Court will cost $273. Solicitors fees are payable above and beyond this Filing fee.

CHILD SUPPORT & YOU

If a couple separated after October 1st 1989, or have a child born after that date, the person who has the residency of the child, completes a form known as an Application for Child Support Assessment. This is then lodged with the Child Support Agency. You can apply for an assessment for any children who are under 18 years of age. The Child Support Agency use a basic Formula for calculating the amount of child support payable, ie 18% of the taxable income of the parent who does not have the children. There are many factors that get taken into account. If you require further assistance, please contact our Office.