Family Law

You can apply for a divorce in Australia if you and your spouse have:

• Lived separately for at least 12 months

• You do not intend on reuniting with your spouse

• You are an Australian Citizen by birth, descent or by Grant of Australian Citizenship,

• You regard Australia as your home and intend to live in Australia indefinitely and

• You have lived in Australia for more than 12 months before filing for Divorce.

You are required to attend Court if you have children under the age of 18 years. We can appear in Court on your behalf.

You must file proceedings within one (1) year of your divorce being granted to sort out your property settlement. If you make an application after the one (1) year period, there is no guarantee that your matter will be approved and heard by the presiding Registrar.

If you are experiencing issues with your ex-spouse, it is vital that you seek an opinion from a solicitor. A Court must regard the child’s best interests as the paramount consideration before making a determination.

If you have already reached an agreement with your ex-spouse as to your child’s short/long term decision making in relation to schooling, travel, medical, religion, it is best to record the agreement in writing, so that there is no confusion in the future. Circumstances change and new relationships can alter the parties mind, causing friction and instability in your child’s life.

Are you worried that your ex-partner might flee the country with your child after you have separated? Contact us immediately to eliminate any risks of your child leaving the country without your consent.

If you or a loved one are in immediate danger, please call 000. Once a report has been filed with the police, our office will be able to provide you with advice on how best to move forward. Your well being and safety is the most important thing.

At the end of a relationship, you should consider the ownership and care of your pets. We can advise you on the factors that determine pet ownership, help negotiate an agreement and alternatively, prepare a Court Application if the dispute is not resolved within a timely manner.

Under the Family Law Act 1975 (Cth), de facto relationship is defined as a relationship between two people (whether of the same or opposite sex) who are not legally married or related by family and who, having regard to all of the circumstances of their relationship, live together on a genuine domestic basis. Since 1 March 2009, de facto couples (including same-sex couples) now have the same entitlements as married couples with respect to property settlement, superannuation splitting and spousal maintenance.