Divorce in Australia Divorce in Australia is a formal legal process that ends a marriage and allows each person to move forward independently. The process starts when you file an Application for Divorce with the Federal Circuit and Family Court of Australia (FCFCOA). To be granted a divorce, you must show that your marriage has […]
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Prenup: Definition A prenup, short for prenuptial agreement, is a written contract that you and your partner sign before getting married or entering into a de facto relationship. It sets out what will happen to your property, finances, and sometimes spousal maintenance if you separate in the future. In Australia, a prenup is usually prepared
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Urgent Recovery Orders Explained If your ex takes the children without consent, it can be a deeply distressing and overwhelming situation. You may be worried about their safety, where they are, and what to do next. In Australia, the family law system provides a legal pathway through urgent recovery orders to help return children to
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Can I Get Spousal Maintenance in Australia If you are wondering, “Can I get spousal maintenance in Australia?”, the answer depends on your circumstances. You may be eligible if you cannot adequately support yourself after separation or divorce, and your former partner has the capacity to provide financial support. Spousal maintenance is designed to help
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The Full Court of the Federal Circuit and Family Court of Australia (Division 1) has handed down a landmark decision that changes the way property settlements are approached under the Family Law Act 1975. In Shinohara & Shinohara (No 2) [2025] FedCFamC1F, the Court confirmed that the long-standing practice of “add backs” — where certain
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Cultural Issues in Family Law When separating parents work through parenting arrangements in Australia, culture and religion can significantly influence the outcome. Australian family law recognises the importance of a child’s cultural identity and religious upbringing when determining what’s in the child’s best interests. Whether you’re from a multicultural background or part of a faith-based
Alternative Dispute Resolutions If you’re going through a separation or family dispute, heading straight to court isn’t your only option. In fact, alternative dispute resolution (ADR) methods are increasingly used across Australia to help families resolve issues without the delays, cost, and stress of the courtroom. These options focus on collaboration and finding solutions that
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If a Family Violence Intervention Order (FVIO) has just been made against someone in your life, you might be wondering what comes next. Whether you’re the protected person or the respondent, it’s important to understand how this legal process continues after the order is in place. In Victoria, a FVIO aims to protect individuals and
If you’re recently separated and figuring out how to share parenting responsibilities, you might be wondering if there’s a way to do it without getting the courts involved. The good news is, yes, you can work out a Parenting Plan privately with the other parent. A Parenting Plan is a written agreement that sets out
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Relocation and Custody If you’re thinking about moving to a new city or state with your child after separation, you’re not alone. Whether it’s for a new job, to be closer to family, or for a fresh start, many separated parents consider relocation. But in Australia, moving with your child isn’t as straightforward as packing
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