Following a separation parents do not have to go to court about the care arrangements for their children. As a matter of principle we encourage our clients to reach an agreement if possible without the need to resort to the Family Law courts. One advantage in reaching an agreement is that the legal fees will be much less than otherwise. That is not to say that a person should reach agreement unreasonably.
Before a person can apply for a divorce they have to be able to establish to the Family Court that their marriage has irretrievably broken down. This can be established if the Court is satisfied that the parties to the marriage have separated and have lived separately and apart for a continuous period of not less than 12 months prior to the filing of the divorce application.
When a marriage or de facto relationship breaks down property can be divided between the parties. Superannuation is treated as property under the Family Law Act and as such can be adjusted, transferred or divided between parties when a relationship breaks down.
Do you have a friend or relative who has just separated? If so, the information below should help.
If you are a grandparent and face the sad circumstance of a break up in your family group, through separation or unforeseen events, you may be worried about your right to continue seeing much-loved grandchildren
There are many names for Binding Financial Agreements or BFA’s, including; • Pre-nuptial Agreements (commonly known as pre-nups), • Post-nuptial Agreements (post-nups); and • Cohabitation Agreements.