In our 3rdsegment of our Divorce in Australia series, we will be discussing the requirements of “Separation” and the meaning of separation in the context of Divorce proceedings under the Family Law Act.  As outlined in our previous blog, section 48(2) requires that the period of separation be for a continuous period of 12 months before filing

For years; McDonald’s Family Restaurants were the default changeover locations ordered by the Court in the absence of agreement between the parents. It is easy to see why this was the case: children could be distracted from the palpable tension between their parents during changeover. McDonald’s would be a familiar venue for the children attend

Making the decision to separate is difficult in and of itself, making the decision to formalise the separation with a Divorce Order is even harder, but it’s often very important to end this chapter of your life before you can move onto the next.  An application under the Family Law Actfor a divorce Order in relation

You’ve found yourself at the Family Court, battling it out with your former spouse over the care and spend time arrangements for your children. You’ve familiarised yourself with the role of the Judge, Family Consultant and “Counsel” (and their exorbitant fees no doubt). Now the Court decides to appoint an Independent Children’s Lawyers (ICL) and

Breakups are famously difficult – and you typically go through the motions – from burying your head in ice cream tubs to eventually waking up one day energised and heading straight to the hairdresser for that post-breakup makeover. When children are involved however – navigating the experience can a whole different ball game. There is

You’ve been preparing your family law parenting matter alongside your legal team for weeks on end. A diligent Solicitor would have gone through your affidavit and annexures with a fine tooth comb and prepared submissions supported by well-established case law. Usually; the opposing team has undertaken the same task.  Ultimately; the Court is presented with

In our previous blog, Divorce: What you need to know?, we explored the requirements of a general Divorce Order.  In a nutshell, an application for divorce will generally be successful if the party/ parties satisfy the Court that: 1.     They have been married for longer than 2 years;  2.     They have been separated for 12 months; and  3.     The marriage

Considering the back log of family law matters listed before the Courts; it is of little surprise that Judicial Officers are frequently referring parties to mediation and arbitration services as an alternate means to resolving their disputes. In fact in 2006, the Family Law Act was amended by way of the Family law Amendment (Shared Parental