Family Law

In disputes regarding the distribution of marital assets, Australian courts assess various factors including the valuation of property owned by each party prior to the marriage, the length of the marriage, whether children were born during the marriage, and which party will primarily care for the children after separation. Therefore, it is difficult to determine the potential distribution of assets in future disputes based solely on simple verbal evidence in the early stages of marriage. However, through a binding property agreement, both parties can better protect the independence of their assets and establish a clear method for property distribution, effectively preventing potential disputes.

The Federal Circuit and Family Court of Australia (FCFCOA) has jurisdiction over marriage dissolution (i.e., divorce) cases. When submitting a divorce application, it is sufficient for one party to meet at least one of the following conditions: Be an Australian citizen; Be a permanent resident of Australia; Have their habitual residence in Australia and have resided in Australia continuously for the past 12 months at the time of submitting the application.

Under the Family Law Act 1975 (Cth), the sole requirement for filing for divorce is that the marriage has irretrievably broken down. You must provide sufficient evidence to prove that you and your spouse have been separated for at least 12 months before filing and that there is no possibility of reconciling. It is important to note that "separation" is used to demonstrate the intention to end the marriage, but it does not require one party to move out of the shared residence. This situation is known as "Separation under the same roof." If you continue to live in the same residence after separation, both parties must submit an affidavit to the court confirming that, whether internally or externally, they no longer act as a married couple. If one party cannot submit an affidavit, a third-party witness statement will be required to prove the breakdown of the relationship. The witness must be at least 18 years old and familiar with your marital situation and separation facts, such as friends, neighbors, or colleagues. Additionally, the Family Law Act requires that if the divorce application is made within two years of marriage, the parties must first attend mediation with the assistance of a family law advisor and provide proof of mediation to the court. If mediation is not possible due to special circumstances, this must be explained in the affidavit, and court approval must be sought.

Parenting orders in Australian courts cover: Which parent the child will live with; The time the child will spend with the other parent (or other significant individuals); How parental responsibilities will be shared; How parents will communicate regarding issues related to the child; and How disputes concerning these matters will be resolved.

In Queensland, you must publicly declare your intention to apply for probate to ensure fairness. The executor must apply to the Supreme Court's Probate Registry and submit the relevant legal documents to apply for probate. Any person who believes they have an interest in the estate can file an objection with the court within the prescribed time frame. If there is evidence of entitlement to the estate, the court will resolve the dispute and issue probate once the matter is settled. The probate application process is complex, and it is advisable to hire a lawyer to assist in smoothly inheriting the estate.

Once the police receive a report of domestic violence, they typically respond by attending the scene and may take the parties to the police station for questioning and record statements. If domestic violence is confirmed, the police usually issue a Police Protection Notice to the perpetrator, prohibiting them from causing further harm to the victim. In severe cases, additional restrictions may be applied to limit contact between the perpetrator and the victim. The police will assess the case and determine whether criminal charges should be pursued. After issuing a Police Protection Notice, the court will hear the domestic violence case. Typically, the police will apply for a Protection Order on behalf of the victim (though the victim may also apply independently). The judge will decide whether to grant the protection order based on the circumstances of the case.