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Family Law

Higgins Lawyers Blue Mountains

Overview

The branch of law that deals with matters relating to the family, such as divorce and child custody. Review the areas covered by Family Law by clicking the headings below.

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Divorce

You may make an application for a Divorce to the Federal Magistrates Court or Family Court if you have been separated for 12 months.

 

Property claims

The Federal Magistrates Court and the Family Court have jurisdiction to deal with property settlements between married couples.

Proceedings must be commenced within 12 months from the decree nisi becoming absolute.

Domestic relationship termination agreement

An agreement made between two persons on entering into, or ending, a domestic relationship.

Pre-nuptial agreement

These agreements became legally binding in 2000, and should be considered by those with significant assets.

De-facto

Section 4(1) defines a de facto relationship as a relationship between two adults who live together as a couple, but who are not married or related.

Children issues

Section 61DA of the Act creates a presumption that it is in the best interests of the child for the parents to have shared responsibility. Section 61DA(2) provides grounds for the rebuttal.

Adjustment of property

If a de facto couple wish to end the relationship and cannot reach agreement on the distribution of property accrued; Part 3 Division 2 of the Act makes provision for a party to apply to the Court for an Order to adjust property interests.

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