Category

Family Law
What does separation under one roof mean? It might sound contradictory, but it is a Family Law concept which means that a divorce can be completed even if the parties have lived in the same place during the required separation period. To understand how separation under one roof works, we need to look at the...
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Let’s take a look at some of the most common myths in Australian Family Law Parents have a right to joint custody of their children Children don’t need to spend equal amounts of time with each parent legally, although the law can be unclear on the subject of “custody.” The child’s best interests matter the...
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Family Lawyers during separation – helpful, or not? Separation is a tough situation to deal with. Financial disputes, spousal support, living arrangements, and transport are just a few things that could overwhelm you. If you have children, you also have the hard job of making sure their daily lives are affected as little as possible....
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Divorce is the legal end of a marriage (dissolution of marriage). Australia has ‘no fault’ divorce. This means that when granting a divorce, the Court does not consider the reason/s the marriage ended. Neither spouse needs to prove that the other did (or did not) do something which caused the breakdown of the marriage. The only...
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When people separate (whether from a marriage or a de facto relationship), they usually need to sort out how to divide their property and debts. One person may also need financial support from the other, either for themselves in the form of spousal or de facto maintenance (which can arise out of both a marriage or a...
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The Court can deal with the bankruptcy of a party to a marriage or de facto relationship involved in certain family law proceedings. The impact on parties is complex. If you are bankrupt, or the other party is bankrupt, contact Melmark Law.Legal terms– Bankrupt is a person against whose estate a sequestration order has been made...
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If you are ending your relationship with a partner, it can be difficult to know where to turn for advice. Find out how separation works and what to do next
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Under Australian family law, children have a right to enjoy a meaningful relationship with both their parents, and to be protected from harm. A court is required to give greater weight to the consideration of the need to protect children from harm.The Family Law Act 1975 is gender-neutral, and does not make assumptions about parenting roles.When a family court...
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Where to get helpIn case of immediate danger call 000 for police assistance.If you or someone you know is experiencing violence or abuse, go to 1800RESPECT or phone 1800 737 732. Whatever your situation, it is important to know that help and support are available.What is domestic and family violence?– Domestic and family violence happens when one person in...
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