Parenting Orders – Considerations of the Court
In child custody matters, when making a parenting order, the main consideration of the court is whether the proposed arrangements are in the best interests of the children. The court presumes that it is in the best interests of the children for parents to have ‘equal shared parental responsibility’, but it...
Mistakes made in Child Custody Proceedings – Watch Your Behavior
INTRODUCTION A traditional Chinese curse simply put is “May you live in interesting times” and ‘interesting times’ is the most charitable description of the daily happenings of those parents entering into the affray of child custody proceedings. Seeing our own client’s daily personal battles i...
Making your AVO work for you
Most people find their AVOs to be highly effective in preventing violence, intimidation and harassment. You have every reason to be hopeful that the defendant to your AVO will take proper notice of your AVO, and that you will have no further trouble. In the end, however, an AVO is an order of the court not jus...
Women and Family Law
This is the tenth edition of Women and Family Law. It states the law as at April 2014 that applies to married and de facto couples (including same sex de facto couples) after relationship breakdown. This booklet provides a starting point for finding out information about the law. It provides some answers to comm...
Share the Care Parenting Plan – Collaborative Parenting Apart
Divorce and separation are painful for everyone involved–particularly children. At this challenging time children need support, love and contact with both parents. Some certainty about the future is also very important for everyone. A written parenting plan, worked out between parents, will help clarify th...
An Invitation to Split!! Binding Financial Agreement / Pre-Nuptial Agreement
Wallace & Stelzer and Anor  FamCAFC 199 Background to the case `A couple, known by the court as Mr Wallace and Ms Stelzer, met in 1998 at the Sydney club where Ms Stelzer worked soon after Mr Wallace split from his first wife. He was 51 years old, divorced and came into the marriage with an "ove...
Divorce Lawyers Kogarah
GMH Legal have divorce law advisors and Family Law specialists, who provides related services including divorce lawyer, child custody and child residence advice, and offer property division advice from some of Sydney’s top family lawyers.
In Australia, a divorce may be obtained in either the Family Court of Australia or the Federal Circuit Court (Federal Magistrates Court). Further Australian divorce advice is also available online from the Family Court website.
When obtaining a divorce in Australia, you must first satisfy the court that you have a valid marriage. A marriage certificate, with a sworn translation into English, if necessary, will suffice. If you do not have a copy of a marriage certificate or require translation, our divorce lawyers can usually arrange that for you. If no marriage certificate is available, the court may require you to give some alternate evidence of the marriage prior to granting divorce.
The court only has power to grant a divorce if either party has one of the following attributes:
- Regards Australia as home;
- Intends to live in Australia indefinitely;
- Has lived his or her whole life in Australia;
- Is an Australian citizen; or
- Ordinarily lives in Australia and has lived in Australia for the 12 months prior to the making of the application for divorce.
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