“How to apply for divorce in Australia” is a common query. In this article, we explain the entire process and requirements, so you can make an informed decision on how to proceed with your best interests taken into consideration. An “Order for Divorce” is a document obtained from the Court that legally terminates a marriage. Obtaining one is the only way to conclude a marriage. The process of applying for an Order for Divorce (done in the Federal Circuit Court of Australia) is not common knowledge. Below is a summary of critical aspects to an Application for Divorce, which is a techn ..read more

Identifying exactly when separation occurred is sometimes obvious and other times less so. For some people, the breakdown of a relationship aligns with one person moving out. In these instances, it is clear when separation occurred. In other relationships, the gradual breakdown of a relationship occurs over time, and often the couple continue to live together after their relationship has ended. How is “separation” defined? For the purposes of family law, you are separated if your defacto relationship or marriage has irretrievably broken down. This means that there is no prospect of reconciliat ..read more

Dispute Resolution, in general, is an essential tool of the current family law framework. Whether or not litigation is on foot, separating couples need to engage in some type of dispute resolution. In some parts of your case, it is mandatory. The term Dispute Resolution captures a broad variety of tools, including: using your lawyers to negotiate, collaborative practice, conciliation (court guided negotiation with a Judicial Registrar), mediation or Family Dispute Resolution (FDR); and Arbitration (a formal court-like process, where an impartial barrister determines the outcome of your case ..read more

What is Child Support? Child Support in Australia is a payment made by a parent to the other parent to help cover the costs of raising a child after separation or divorce. The payment is usually made by the non-custodial parent to the parent who has primary care of the child(ren). The amount of child support to be paid is determined by a formula set by law and calculated by the Child Support Agency, taking into account various factors such as the income of both parents, the number of children involved, and the amount of time the children spend with each parent and the capacity to pay. It is d ..read more

Following separation, and as a first step to dividing property, each party is obliged to hand over documents called ‘financial disclosure’. This process is compulsory and is set out in the Federal Circuit and Family Court (Family Law) Rules 2021 (Cth) at rule 6.06. What is Financial Disclosure? Financial disclosure is the process of sharing all financial information relevant to your case with your spouse and the Court. This rule exists to ensure that you and your spouse are fully aware of your (now separate) respective financial positions. It applies regardless of whether you have started a co ..read more

Following separation, navigating payment of private school fees can become a thorny subject. During the relationship, both parents may have “agreed” to send the children to a private school. After separation, for various reasons, all bets are off. It is not uncommon for a parent (usually the parent with whom the child/children do not live) to stop paying private school fees. Sometimes the reasons are legitimate financial constraints, imposed by the fact of separation and establishment of a secure household, perhaps on one salary, which is expensive. At other times the motivation is less genuin ..read more

How do I start a case? An Initiating Application is the document that is filed with the Federal Circuit and Family Court of Australia, to start proceedings in family law. Proceedings could be about any issue that is within the jurisdiction of the court, for example: ● Dividing property after you and your partner have separated; ● orders that set out who a child of the relationship will live with, and what time they will spend with the other parent; or ● obtaining temporary financial support from your former partner, until a property settlement if finalised. Do I need an Initiating Application ..read more

Separation & Pets Separation can have a significant impact on all members of the family, including pets. Approximately 61% of Australian households have at least one pet. In the event of a separation, pet ownership can be a serious and emotionally charged issue. Define a Pet? In cases of divorce or separation, the Family Law Act 1975 (Cth) provides no specific provisions about pet “custody”. Pets are usually treated by “owners” as members of a family, a core part of relationships, with some even considering pets to be like a child. But at law, pets are property and not treated like a spous ..read more

Following separation, a parent may want to move to another town, city, state or even country with their child or children. This usually means moving away from the other parent. Under the Family Law Act this is called relocation. Relocation is a very common issue in family law cases. A parent may want to move for many reasons, such as a new job, housing affordability, better educational opportunities, or to be closer to family members. In some cases, the move may be driven by a desire to distance oneself from the other parent, particularly where there is a history of domestic violence and/or sa ..read more

We are delighted to announce the change of our firm name to Long Saad Woodbridge Lawyers. Sam has been an equity owner of the firm for a couple of years now and deserves the recognition of his “name on the door”. His tireless efforts in our property and pharmacy teams have been the subject of much praise from our clients and peers alike. Dean Woodbridge continues his tireless efforts directing much of our commercial practice since 2014, and now entering his 14th year as a leader within the firm. As the founding partner from 1994, I can say that we have had a momentous year in 2022 positioning ..read more