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5 Family Law Terms People Commonly Misuse

1. Guardianship Prior to 2006 parents were awarded either “sole guardianship” or “joint guardianship” of their children. The law changed in 2006 and this term was abolished and became “parental responsibility”. Both terms relate to decisions about a child that are major long term issues – such as education, religious and cultural upbringing, elective surgery […]

divorce

The Ungodly Divorce

I recently met a man, let’s call him Ashton. Ashton asked me if Family Law had changed over the years. I told him that prior to 1975 there was “fault” divorce and that unless you could prove that someone had done the “wrong” thing, the Court would not approve the divorce. Adultery, cruelty and desertion […]

divorce

To disclose or not to disclose, where is the question?

Chapter 13 of Family Law Rules 2004 deals with the duty of disclosure. Pursuant to Rule 13.01, parties in family law negotiations are obliged to make full and frank disclosure of their financial circumstances in a timely manner. The duty of disclosure is an ongoing duty. Parties must disclose all relevant documents and continue to […]

children

Child Support Obligations

Despite parties severing all ties after separation or divorce as parents they have an ongoing obligation to support their children financially until, in most cases, the child reaches 18. This obligation is governed by the Child Support (Assessment) Act, and administered by the Child Support Agency (CSA). Assessment Either parent or a non-parent carer can […]

divorce

How Much Spousal Maintenance Am I Entitled To?

After the breakdown of a marriage or a de facto relationship a person may find themselves in a weak financial position after the financial support once provided to them is withdrawn or decreased. This change in financial support can leave a person in a situation where they are unable to support themselves. Additional circumstances may […]

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