In Australia, obtaining a court-ordered DNA test typically occurs through legal proceedings when a child’s paternity is uncertain or contested. The process begins when a party involved—the mother, the alleged father, or another individual with a vested interest—files a request to the Federal Circuit and Family Court of Australia for paternity testing. Such requests are […]
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The family court mediation process is a crucial step in resolving disputes related to family law matters, such as separation, child custody, and property settlements, without the need for a court hearing. This alternative dispute resolution method encourages both parties to discuss their issues with the help of a neutral third-party mediator, who assists them
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Mediation offers a valuable path to resolving disputes amicably without resorting to litigation, through discussions facilitated by a neutral third party. However, there are circumstances where parties might have reasonable grounds to refuse mediation. This article explores these situations, in line with Australian standards and practices in dispute resolution. What Constitutes Reasonable Grounds for Refusal?
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In Victoria, a de facto relationship is one between two adults who live together as a couple on a genuine domestic basis but are not married. This definition encompasses same-sex and opposite-sex couples. Recognising a de facto relationship can significantly affect property settlements, wills and estates, and access to family benefits or support. Also read:
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In Victoria, a Binding Financial Agreement (BFA) is a legal document through which couples can manage their financial affairs before, during, or after their relationship. A BFA provides a flexible framework for outlining the division of assets, liabilities, and financial resources should the relationship end. Understanding the process and costs associated with a BFA is
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The Notice of Risk family court form is a critical document within Australian family law court proceedings, particularly when matters of children’s safety and well-being are concerned. This form is required whenever there are allegations or concerns regarding child abuse, family violence, or other risks to children involved in family law proceedings. The primary purpose
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A contravention of parenting orders occurs when one party fails to comply with the court-ordered arrangements regarding parenting after a separation or divorce. These legally binding orders outline responsibilities concerning child custody, visitation, and other parenting aspects. Non-compliance can lead to serious legal consequences, highlighting the necessity for both parties to adhere strictly to the
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Being served with divorce papers can be an emotionally challenging experience. In Australia, if you find yourself asking, “If I am served divorce papers, do I have to sign them?” the answer is no, you are not require you to sign the documents for the divorce proceedings to continue. However, your response —or lack thereof—can
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When relationships end and property settlements commence, a common question is whether equity release can be used to buy out a partner’s share in a property. The answer is yes; it’s possible to use equity release schemes such as a reverse mortgage or a home reversion scheme to buy out a partner’s share in a
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If you’re considering initiating a separation in Australia, the first step is to confirm that separation is the appropriate decision for you and your partner. The process officially begins when you or your partner decide to separate and notify the other party of this decision. Establishing the date of separation is crucial, as it impacts
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