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Category Archives: Family Law

How long must you live together in Australia to divide property?

As more people choose to live together, did you know that in Australia, after living together for a certain period, your relationship is legally considered equivalent to that of a married couple? While in many countries, living together as a couple does not equate to marriage, it is equivalent to marriage in Australia. By recognising […]

How much does a divorce cost in Australia in 2024?

In Australia, the divorce process involves various costs, including government fees, service fees, lawyer fees, mediation fees, and costs related to handling property settlement and child custody. Understanding these expenses can help you better plan for the divorce process.  Fees for Filing a Divorce Application: The cost of divorce may vary depending on your circumstances.  […]

Can’t agree to a divorce? Meet these conditions and you can file for divorce on your own!

What happens if your spouse refuses to get divorced? In Australia, divorce does not require the consent of the other party. Therefore, you can apply for divorce unilaterally if you meet the following conditions:  You have been separated from your spouse for a minimum of 12 months; and Either you or your spouse is an […]

Major Changes on Child Custody in 2024: How Do They Affect You?

New Changes to Take Effect on 6th May 2024 The Family Law Amendment Act (2023) introduces significant amendments that changes how the court decide on parenting arrangement. Therefore, we will outline everything you need to know about your custody rights after 6th May 2024. Equal Sharing Time with Parents No Longer the Default Outcome. Under […]

Can you find someone else to take care of your child after a court ruling?

When the court makes a decision and establishes custody arrangements for a child, many parents may wonder: How should I specifically arrange the time that has been awarded to me? Especially when I have work or other matters to attend to, can I have someone else take care of my child? Can I have someone […]

The Process of Divorce and Property Settlement in Australia Revealed!

When you are unable to reach a private agreement with the other party on property division, you will need to apply to the court for property division. Firstly, when one party decides to file an application for property division, the other party must submit a response within a specified deadline. Next is the court appearance […]

Why is premarital property also divided during divorce?

Key Principles of Property Division in Divorce in Australia In Australia, divorce often involves complex property split. Understanding the principles of this process is crucial to protect your interests.  Fairness is the main principle. Typically, especially in long-term marriages, the court aims for an equal split of property, as long as it is fair. However, […]

Signing a Binding Financial Agreement? You must hire a lawyer!

In Australia, Binding Financial Agreements (BFAs) differ from other standard contracts. Normally, if the parties are capable, they can privately draft a standard contract on their own. However, a BFA must be handled by a lawyer who, at the time the parties sign the agreement, issues a certificate confirming that the lawyer has fully explained […]

Not an Australian citizen? Follow this requirement to apply for divorce in Australia!

The divorce requirements in Australia are not as strict as in many other countries. To apply for divorce, one party must have resided in Australia for at least 12 months before filing the application.  Therefore, whether you were married in Australia or overseas, as long as you or your spouse have resided in Australia for […]

Missing This Detail? Your Binding Financial Agreement Could Be Invalid!

A binding financial agreement (BFA) is a legal document that can help to avoid disputes in the event of a marriage breakdown. However, taking the property disclosure process seriously is important when signing a BFA. Whether both parties have accurately disclosed all of their local and overseas assets is essential for the agreement’s validity. Even […]