Family Law FAQs

Archive

• Are marriages involving a transgender person valid?
• What are the requirements that a step parent must meet if they wish to adopt a child?
• Does separation also mean living apart for other reasons?
• What are the laws relating to voluntary and mandatory reporting for child abuse?
• Are those who are in de facto relationships afforded personal protection from family violence?
• What is a living will?
• How does the relationship registry work?
• What process does the court take to ensure that a property settlement is just and equitable?
• What do I need to know about creating enforceable agreements?
• Can I serve an application for divorce if my spouse is in another country?
• When does a person have a reasonable excuse to contravene a parenting order?
• What are the indicators that demonstrate there has been a change in the marital relationship
• Are homemaker and parental duties considered as non-financial contributions?
• What effect does marriage have on a will?
• Can a person lose property if their spouse becomes bankrupt?
• What are the laws relating to surrogacy?
• What are the primary and secondary considerations of the court in relation to the best interests of a child?
• How does a person qualify for spousal maintenance?
• When may the court not grant a divorce?
• What proof is required to demonstrate irretrievable breakdown?
• What is domestic violence?
• How can a person apply for orders or declarations in relation to de facto relationships?
• How do parties to a divorce demonstrate that they have separated?
• Who owns property purchased before a marriage?
• What conditions must be met for spousal maintenance?
• What evidence is needed to prove separation under one roof?
• What happens if the intention of the will maker is unclear?
• What is a testamentary guardianship?
• What are the requirements of a parenting plan?
• Which professions are required to report child abuse?
• How does the family counselling process operate?
• What types of trusts may be void for interfering with a marriage (or family relationship)?
• What are the technical requirements of parenting plans?
• What proof is required to show that a marriage has come to an end?
• What are some of the signs that demonstrate that a matrimonial relationship has come to an end?
• What are the effects of common law divorce?
• What are the acceptable grounds for divorce in Australia?
• Do I have to pay child support if the child is not mine?
• How are financial and property issues resolved in relation to de facto relationships?
• What are the eligibility requirements for unpaid maternity or paternity leave under the provisions of the Fair Work Act?
• What are the circumstances which require mandatory notification to child welfare authorities?
• How is ‘equal time’ defined in the Family Law Act?
• What behaviours are subject to a domestic violence protection order?
• When are parties to a de facto relationship considered as a couple?
• When can the court vary a parenting order?
• What are the eligibility requirements for unpaid parental leave under the Fair Work Act?
• What types of maintenance orders can the Child Support Registrar accept?
• De facto couples: How are money and property issues resolved?
• Can a child marry under Australian law?
• Are tests to determine parentage under the Family Law Act allowed?
• When can I lodge a dad and partner claim?
• What does 'the best interests of the child' mean in the Family Law Act?
• What are the formal requirements of a parenting plan?
• Are contracts for telephone or internet services signed by a minor enforceable?
• How can the end of the marital relationship be proven?
• Can a child consent to medical treatment?
• What does the pre-mediation process involve before parties to a family dispute undertake mediation?
• What are the requirements for creating an enforceable financial agreement?
• What will the Family Law Court consider as a reasonable excuse if a person has contravened a parenting order?
• When does a maintenance order application have to be submitted by? And how does the Family Court determine whether a person should financially support their ex-spouse?
• I want to make an application for a parenting order: what are the requirements?
• What is international parental child abduction
• How do I enforce a maintenance order?
• What are the basic principles that apply when making a parenting order?
• Does my husband have to pay for private school fees with his child support payments?
• What options are avalable to me if my partner chooses not to disclose their assets during divorce proceedings?
• My son and his wife are getting divorced. What can I do to make sure I can maintain contact with my grandchildren?
• I separated from my wife a few years ago, and for the past year we have had trouble trying to agree on what is best for our son and daughter. My friend mentioned seeking legal advice and getting a court order about equal shared parental responsibility. What does that mean?
• What is a Financial Agreement?
• Can I use an injunction to stop my ex-partner taking the children out of the State
• Is it possible to set aside a binding financial agreement that was made in accordance with the requirements under the Family Law Act?
• How do I apply for registration on the Relationships Register?
• Given that altruistic surrogacy is now legal Australia-wide: what Federal laws have bearing on the surrogacy process for intended parents?
• How do i change my childs name?
• A violence restraining order has been served on me. What does this mean?
• My Partner and I have just separated. What will happen to my Super from the Family Business?
• I have been deceived by my bride; can I get the marriage annulled?
• I believe I have a child & I want to pay child support but the Agency won't let me. Why?
• My ex has not been making sufficient Child Support payments, what should I do?
• I want to take the kids on holiday for Christmas but my ex wants to see them to. What do I do?
• I've been told to get a certificate issued by a family dispute resolution practitioner for my parenting order. What does this mean?
• We have separated, and my ex says he wants to have our marriage annulled. What is the difference between that and a divorce?
• Do I have a claim against my husbands family buiness of the trust?
• I live in the bush and I need court orders about my kids urgently. What can I do?
• Can I get a more realistic child support from my ex?
• My husband is a beneficiary under a Family Trust. He says that won't be taken into account with our separation/divorce process. That does not seem right to me
• My boyfriend and I are going to move in together. We are not going to marry. My parents want me to sign a Pre-nuptual agreement - I have some assets through them. Can we do that legally?
• Can I apply for a divorce even though I have not lived physically apart from my spouse for the twelve month period?
• What are the requirements for obtaining a divorce?
• What law applies to me?
• What about personal safety during court appointments and proceedings?
• What is the impact of family violence orders on legal proceedings in the Family Court?
• How are property issues dealt with for de facto relationships?
• What is a family violence order?
• What about children?
• What is a financial agreement?
• How do you get spousal maintenance?
• Can the court take my conduct into consideration when deciding who my children will live with?
• How is property divided?
• When can I remarry?