FAQs – Richardson Murray Family Law

Can Domestic Violence effect property entitlements?

admin — Thu, 11 Aug 2022 05:31:33 +0000

The Full Court held in Kennon [1997] FamCA 27 that: “… where there is a course of violent conduct by one party towards the other during the marriage which is demonstrated to have had a significant adverse impact upon that party’s contributions to the marriage or … to have made his or her contributions significantly more arduous that they ought to have been, that is a fact which a trial judge…

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Do I have a right to Spousal Maintenance from my spouse or de facto partner?

admin — Thu, 11 Aug 2022 05:31:05 +0000

A party to a marriage is liable to maintain the other party, to the expent that the party is reasonably able to do so, if and only if, that other party is unable to support herself or himself adequately, whether by reason or having care and control of a child of the marriage who has not attained the age of eighteen (18); by reason of age or physical or mental incapacity for appropriate gainful…

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What are the types of Parenting Orders that a Court can make ?

admin — Thu, 11 Aug 2022 05:30:41 +0000

The types of parenting Orders that the Court can make include: Who shall have parental responsibility for decision making for the short- and long-term care, welfare and development of the children; The processes to be followed when making decisions, where two or more persons hare parental responsibility; The living arrangements of the children and … Continued

Who Stays in Matrimonial Home After Separation?

admin — Thu, 11 Aug 2022 05:30:10 +0000

The factors that the Court will take into consideration when determining whether it is proper that one party should have sole occupancy of the matrimonial home after separation, pending the hearing, include: An Order for sole occupancy is not easily nor automatically obtained. The Court is aware that a party could use sole occupancy as tactical weapon in ongoing matrimonial conflict.

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Grounds for Divorce in Australia

admin — Thu, 11 Aug 2022 05:29:34 +0000

In the Australia the ground for a Divorce, is the irretrievable breakdown of a marriage. The evidence required is to demonstrate that the parties to the marriage have lived separately and apart for twelve (12) months and one (1) day. It should be noted that in exceptional circumstances, parties can resume cohabitation for a period of up to three (3) months. Also, parties can be separated but…

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What are consent orders?

admin — Tue, 31 Aug 2021 03:46:51 +0000

A consent order is a written agreement that is approved by a court. Signing consent orders means you agree with the orders and will follow the terms stated in the document. When the consent order is made, it has the same effect as a court order made by a judicial officer after a court hearing. Consent orders about property and financial orders may deal with: You and your former…

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What are financial agreements?

admin — Tue, 31 Aug 2021 03:46:01 +0000

The Family Law Act 1975 provides for parties to a marriage or de facto relationship to enter into a binding legal agreement about the financial arrangements should their marriage or de facto relationship break down. Sometimes people know these agreements as ‘prenuptial agreements’ but the legal term is ‘financial agreements’. Sections 90B–90KA of the Family Law Act 1975 deal with … Continued

What you need to know about binding and limited child support agreements

admin — Tue, 31 Aug 2021 03:42:16 +0000

If you are not living with the other parent of your child you may be entitled to, or have to pay to the other, child support. Child support is designed to have both parents contribute to the costs of raising children. This is designed to include housing, food, clothing, medical costs, school expenses and day to day needs. You can learn more by reading our latest blog here.

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De-facto relationship break-up entitlements in Australia

admin — Tue, 31 Aug 2021 03:41:05 +0000

A de-facto relationship is defined in section 4AA of the Family Law Act, and includes partners who: … have a relationship as a couple, living together on a genuine domestic basis. De-facto couples are those who are not married. So, what happens if they separate? Is the division of property viewed the same as married couples? In order for the court to hear your application…

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What the court considers when making parenting orders?

admin — Tue, 31 Aug 2021 03:40:16 +0000

Upon separation, when parents disagree about who should take care of their child, they can apply to the court for parenting orders. This means the court decides about parenting arrangements for the child. In your application, you must explain to the court what you are seeking, whether that be sole or joint parental responsibility, equal shared time, or an alternative living arrangement.

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