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Contact us at Clarity Legal Group to discuss your particular situation with one of our experienced Family Lawyers.
Children are the most important party in family law matters. Whatever your circumstances, we can provide advice on how to move forward with your life while keeping the best interests of your children paramount.
When parents of a child (or adopted child) or children under 18 separate, they will generally both have an equal parental responsibility for the child unless a Court Order states otherwise.
It is important to distinguish however, between:
Whatever your situation, the law aims to protect children in two ways:
Equal shared parental responsibility is the presumption that both parents will have a role in making decisions about major long-term issues, for example:
This presumption may be quickly rebutted in instances where a parent has been violent or abusive. The key here is to understand the impact of the situation on the child and whether a parent is at risk of harming the child, either physically or emotionally.
Equal shared time is available to parents when:
Equal shared time is usually on a week about or fortnightly schedule where parents can pick up/drop off children at school, day care, sport, public place etc.
Unless there is an urgent risk of harm to the children, such as abuse or abduction, each party must make a genuine effort to resolve disputes before filing Court Proceedings.
The parties will need to book a FDR conciliation conference and make a ‘genuine effort’ with the Family Dispute Resolution Practitioner to resolve the children’s issues. The effort should be one that is realistically directed at resolving the issues that are the subject of the application to a court.
After the conference, a Section 60I certificates will be issued to each of the parties indicating one of the following:
The Court in some instances may award costs against a party based on their failure to attend or make a genuine effort.
Once a section 60I certificate has been issued, the parties may file proceedings in Court to have matters finalised.
At Clarity Legal Group our team are highly experienced in court and non-court parenting arrangements in Family Law. We can guide you through the process and help you to achieve the best outcome for your children.
Contact us today on 07 5562 0444 or send an email to admin@claritylegalgroup.com.au or you can get started online by clicking here.
A divorce is a Court Order that severs your marriage.
You do not need to prove that a person was at fault, but there are several factors that must be adhered to in order to be eligible for a divorce.
It is important to note that a divorce will not determine issues of financial support, property distribution or arrangements for children. It simply recognises that the marriage has ended.
Once a divorce has been obtained, you have 12 months to finalise a property settlement.
Unfortunately there isn’t much you can do to stop a divorce these days. Fault or no-fault, one party can apply to sever the marriage if they want to.
You can only dispute the divorce where:
it has been less than 12 months since separation; or
it is filed in the wrong state or Courthouse.
You do not need to attend the hearing. If you disagree or object to the facts of the divorce documents, you may file a response to the Court within 28 days of being served with the divorce documents. However, the Court may still decide to grant a Divorce Order despite your objections unless there is a mistake in law.
✘ NO – If there are no children under the age of 18.
✘ NO – if there are children under the age of 18 and you have made a joint application.
✓ YES – if there is a child under the age of 18 and you lodged a sole application, you need to attend.
If it is difficult for you to attend in person, you may ask the Court to appear by telephone.
A divorce order takes effect one month and one day after the divorce is granted.
It is possible for you and your spouse to be separated but to continue living in the same home during the 12 months before applying for divorce. This is known as ‘separation under the one roof’. If this applies to your situation, you need to prove to the Court that you were separated during this time.
You need to have been married for at least 2 years and separated for 12 months before you can apply for a divorce. The time starts from the date of your marriage to the date you file your application. If you have been married less than 2 years, you can still apply for a divorce if you have a counsellor’s certificate to verify that the relationship is irreconcilable.
Arbon Legal Group are always providing comprehensive legal help to the people of the Gold Coast community. If you require further information or legal assistance in relation to your separation or divorce please contact Arbon Legal Group on 07 5562 0444 or email admin@arbonlegal.com.au.
In a world where marriage continues to evolve and redefine itself, it’s important to understand the legal nuances that accompany the dissolution of a marriage.
As family lawyers, we often get questions about spousal maintenance. Clients who have heard about it from family or friends sometimes have misconceptions about what
From both an emotional and a practical standpoint, getting divorced is seldom easy. It can be especially challenging if you and your spouse are from
Contact us today to discuss your situation with one of our experienced Lawyers.
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