After a guilty plea or finding of guilt, the Court...
Read MorePrior to commencing an application in Court, parties are required to participate in pre-action procedures including participating in dispute resolution or mediation, exploring options for settlement by correspondence and complying as far as practicable with the duty of disclosure.
However, there may be an exception to participating in these pre-action procedures if circumstances of the parties include family violence, circumstances of urgency or if a limitation date is due to expire (Schedule 1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021)
Several factors such as the age, state of health, the income, the property and financial resources of each of the parties are considered. Additional factors such as the mental capacity of the parties to a marriage, commitment to child support, the duration of the marriage, the extent of contribution of each of the parties to the marriage, debt and other financial obligations are also taken into account.
Initial contributions that are made at the start of the de–facto relationship or marriage, or post separation contributions as well as the disparity in earning capacities of the parties are also looked at.
In case of a married couple, an application for property settlement must be initiated within 12 months of the divorce and in a de-facto relationship the application needs to be filed within 2 years of the breakdown of the relationship. In the event of a delay in filing the applications, the applicant will need to seek permission from the Court and outline the reasons for the delay and hardship.
Once an agreement is reached between the parties, you can either formalise this agreement by way of property consent orders that are made by the Court, or you can enter into a binding financial agreement which is similar to a written contract.
After a guilty plea or finding of guilt, the Court...
Read MoreIn NSW, sexual offences are contained in Division 10 of...
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As a small team of dedicated professionals, we aim to provide a friendly, family atmosphere with a reputation for timely, personalized service.