Articles matching Separation

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Is separation still possible if a couple still lives in the same residence?

Filed under: Separation, Family Law

When parties to a marriage have separated, but are still living together in the same residence: does the law require that a former couple prove an irretrievable...

Serving an application for divorce: The process explained

Filed under: Divorce, Separation, Family Law

When serving an application for divorce, there are certain steps that must be followed, unless service is dispensed with by the court.

How are non-financial contributions dealt with by the courts when a relationship comes to an end?

Filed under: Divorce, Separation, Financial Disputes, Family Law, Property Settlement, Asset Divison, Spousal Maintenance

When determining how property is to be dealt with when a relationship comes to an end, the law will look to the contributions of the parties that takes...

Proving irretrievable breakdown of the marriage for divorce matters

Filed under: Divorce, Separation, Family Law

The one and only ground for divorce in Australia is that of irretrievable breakdown of the marriage. When proving irretrievable breakdown of a marriage,...

An introduction to enforceable agreements before, during, and after a marriage

Filed under: Divorce, Separation, Property Settlement, Financial Disputes, Agreements, Family Law

The Family Law Act 1975 (Cth) (the Act) outlines the following type of enforceable agreements: caring for children; division of property; spousal...

Primary and additional considerations of the court when determining what is in a child’s best interests

Filed under: Divorce, Children, Separation, Family Law

In circumstances where parents require enforceable arrangements in relation to their children, court orders are required, and can be made either via consent...

An introduction to the court process for child-related proceedings and family law matters

Filed under: Divorce, Children, Separation

Due to the high emotion involved with family law matters, the law encourages parties to resolve disputes without having to resort to litigation. However,...

Can a divorce order be denied if there are no suitable arrangements made for the future care of children to the marriage?

Filed under: Divorce, Children, Separation, Family Law

It’s fair to say that undergoing divorce proceedings is never pleasant, and is infinitely more difficult if children are involved. Although Australia is...

Who gets the Pets in a Divorce or Separation?

Filed under: Divorce, Separation, Family Law

For most families, their pets (be it a dog, cat or guinea pig) are beloved members of the family - so what happens to “Fido” or “Mr Meow” when people ...

What process does the court take to ensure that a property settlement is just and equitable?

Filed under: Divorce, Separation, Property Settlement, Property, Family Law

When a marriage comes to an end, there are a number of matters that need to be considered, with one of the biggest issues related to how property is to...

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