Property Settlement After 10 Years If you have been separated for over 10 years, you may still be eligible to apply for a property settlement. Australian family law does not automatically prevent you from seeking a property settlement after a long period of separation; however, there are certain time limits and considerations that must be […]
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Can You Get a Divorce Without the Other Person Signing in Australia? Yes, you can get a divorce in Australia without the other person signing the divorce papers. Under Australian family law, you do not need your spouse’s consent to file for a divorce. A sole application can be made by one party, and the
How to Get Full Custody of Child Victoria To get full custody of a child in Victoria, you must apply for a parenting order through the Family Court or the Federal Circuit and Family Court of Australia. Full custody, or sole parental responsibility, means that one parent is responsible for making all major decisions concerning
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Does Child Support Increase When a Child Turns 13? Yes, child support may increase when a child turns 13 in Australia. Under the child support formula used by Services Australia, the costs of raising a child are calculated based on their age. When a child turns 13, they move into a higher cost bracket, reflecting
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Who Pays for Family Court Costs? In Australia, each party is generally responsible for their own family court costs, including legal fees, filing fees, and other expenses associated with court proceedings. However, the court has the discretion to make a costs order, requiring one party to pay some or all of the other party’s costs.
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De Facto Separation De facto separation occurs when a couple in a de facto relationship decides to end their relationship and live apart. In Australia, a de facto relationship is defined as a relationship between two people, regardless of gender, who live together on a genuine domestic basis but are not legally married. Upon separation,
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Joint Divorce Application A joint divorce application is a process where both parties in a marriage mutually agree to apply for divorce together. This method simplifies the procedure, reduces conflict, and often leads to faster outcomes, as both spouses consent to the terms and conditions of their separation. In Australia, a joint divorce application can
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Family Court Filing Fees Family court filing fees refer to the charges payable to the court when lodging documents or initiating various family law proceedings. These fees apply to applications and processes, including divorce, parenting orders, property settlements, etc. The exact amount depends on the nature of the application, the court involved, and, in some
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Can a Court Order Be Changed Without Going to Court? Yes, a court order can be changed without going to court in certain circumstances. In Australia, parties involved in a court order—such as a parenting order or a property settlement—can mutually agree to alter the terms of that order without needing to return to court.
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Understanding Parenting Orders Victoria Parenting orders in Victoria are legally binding decisions a court makes regarding a child’s care, welfare, and development. These orders can cover various aspects of parenting, including who the child will live with, how much time they will spend with each parent, and how decisions about the child’s upbringing will be
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