Selling Assets Before Divorce: Helpful 4-Point Guide
In Australia, the legalities surrounding the sale of assets before a divorce is finalised are complex. While technically possible, doing so can present significant legal challenges. The Family Law Act is the guiding legislation in these matters, mandating complete disclosure of all assets, incomes, and financial resources during divorce proceedings. This transparency is crucial to […]
Tender Bundle Family Court: 4 Common Mistakes to Avoid
What is a Tender Bundle Family Court? A “tender bundle” in the context of family court refers to a collection of documents that one party wishes to present as evidence during proceedings. The bundle is compiled, organised, and tendered (or submitted) to the court to support a party’s claims or defence. Tender bundles often include […]
Do Lesbians Have the Highest Divorce Rate?
Since the legalisation of same-sex marriage in Australia, the question “Do lesbians have the highest divorce rate?” has arisen in discussions about marriage and divorce trends. Recent statistics indicate that lesbian couples do indeed experience higher divorce rates compared to their gay male and heterosexual counterparts. This phenomenon can be attributed to various social, legal, […]
Can My Husband Kick Me Out of the House He Owns?
Amid a separation or divorce, one pressing question many spouses face is, “Can my husband kick me out of the house he owns?” The short answer is no, not immediately. In Australia, the law protects the rights of both partners in a marriage or de facto relationship, regardless of whose name is on the property […]
Prenup vs. Will: Let Us Help You Understand the Difference
When considering the management of assets, many Australians weigh the benefits of a prenuptial agreement (prenup) against those of a will. Both legal instruments serve to clarify the allocation of assets, but they do so at different stages of life and under varying circumstances. A prenup is a contract entered into before marriage or a […]
Annulment vs. Divorce: 4 Key Differences
The key difference between an annulment and a divorce lies in the legal status of the marriage. An annulment declares that the marriage was never valid to begin with, essentially erasing it as if it never happened. A divorce, on the other hand, terminates a legally valid marriage, bringing it to an end but acknowledging […]
Ex Husband Refusing to Pay School Fees: 5 Influencing Factors
If your ex-husband refuses to pay school fees, it is important to understand your legal rights and your options. In Australia, child support covers the important costs of raising a child, including food, clothing, and shelter expenses. However, private school fees are often considered additional expenses and may not be included in standard child support […]
Contested Divorce: 6 important Steps
A contested divorce is a legal proceeding in which one or both parties disagree on the terms of the divorce. Unlike an uncontested divorce, where both parties agree on all terms, a contested divorce requires the court to resolve these disagreements. Key Takeaway: A contested divorce involves legal disputes between spouses over key issues and […]
Defacto Visa Break Up: 2 Possible Outcomes
Breaking up is never easy and can be even more complicated when you’re on a defacto visa in Australia. If you find yourself in this situation, it’s important to understand the implications and your options moving forward. What Happens When Your Defacto Visa Relationship Ends? When a relationship ends, and you are on a defacto […]
Decree Nisi Australia: Requirements, Waiting Period and More
A decree nisi refers to a provisional order by a court in Australia that signifies the court is satisfied that the applicant is entitled to a divorce However, the divorce has not yet been finalised. This decree typically becomes absolute after one month, at which point the divorce is officially recognised. A decree nisi is […]