The Family Law Act 1975 requires parties to make an attempt to resolve parenting issues using a Family Dispute Resolution service before applying to the Court for a parenting order. Family Dispute Resolution is a mediation type conference that attempts to assist couples to come to an agreement in relation to parenting arrangements for their childre...
Read MoreAs we mentioned in our last article it is not uncommon for parties to separate, and even have a property settlement but not legally Divorce. Unfortunately it is also not uncommon for people to forget to update their Will or to simply do a Will at all. If you are not Divorced you are still considered to be “legally married” and your spouse would be...
Read MoreSeparated but not divorced? Your former spouse might still have a claim against your estate. It is not uncommon for parties to separate, and even have a property settlement but not legally Divorce. It is important to know however that this can leave your estate open for your former spouse to make a claim despite your intentions being clear in you...
Read MoreIf you applied for a divorce with your spouse (a joint application), you and your spouse each keep a sealed copy of the Application for Divorce and the information brochure. If you applied for a divorce on your own (sole application), you must serve a sealed copy of the Application for Divorce and the information brochure on your spouse:
Read MoreIf you choose options 1 or 2 above you can file your completed Application by post or hand at your nearest Federal Circuit Court registry. You also need to pay a fee or you may be eligible for a fee reduction. You can apply for this by filing an Application for reduction of payment of divorce or decree of nullity form. Current Court filing fees can...
Read MoreApplying for a Divorce can be an emotional and difficult decision. Australia has a no-fault divorce system. The Court is not interested in why your marriage ended. The grounds for a divorce need only be that the marriage has broken down and there is no likelihood that the parties will reconcile. The Federal Circuit Court of Australia has the juris...
Read MoreA power of attorney is a legal document appointing another person the authority to make financial decisions on your behalf. Financial decisions relate to the management of your finances (for example paying your bills, selling your home, managing your bank accounts, investing your money etc).
Read MoreOn 1 July 2014, the new Advance Care Directives came into effect replacing Enduring Powers of Guardianship, Medical Powers of Attorney and Anticipatory Directions. If you already have a valid Enduring Power of Guardianship and/or Medical Power of Attorney or Anticipatory Direction document signed prior to 1 July 2014, those document(s) will continu...
Read MoreLast week we saw aspiring NFL star Jarryd Hayne commence the process to trade mark his own name in a move to “protect his own brand”. So, what does this actually mean? Brand protection is synonymous with using a particular word, name, brand or logo that is representative of your business, or representative of you as a brand – as in Jarryd Hayne’s...
Read MoreWhere you and your spouse have come to an agreement in relation to the division of your property, it is important that you document your agreement in an enforceable manner. This is usually done by way of Consent Orders which are then filed at the Family Court of Australia. Where both parties have agreed to the division of property, you must make fu...
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