Family Law. What are your rights?

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Family Law. What are your rights?"

Transcription

1 Family Law What are your rights? Separation or divorce is a major crisis in anyone's life. You may find that it takes some time to come to terms with the separation and adjust to your new circumstances. When families break down, lots of decisions have to be made about the future. This pamphlet should help explain some of the things that are happening to you and help you in making decisions. Lots of help is available to you. All you need to do is ask. Separation Separation means ending your relationship with your partner, and living separately from him or her. It can be either temporary or permanent. How is separation arranged? No formal procedure is needed to start a separation and your partner's consent is not necessary. You don't need to see a solicitor or obtain any legal advice, but it may be helpful if you are unsure of what to do. It is a good idea to discuss and try to agree with your partner about who will leave the home, what items of property (furnishings, etc) may be taken, and arrangements for the children. You should change all of your financial arrangements, such as joint bank and credit card accounts, utilities, Medicare and insurance into separate

2 names. Arrangements will also need to be made for housing, joint debts, Social Security payments, child care, and so on. If you are having problems organising these things or coming to an agreement with your spouse, then you may find it useful to make an appointment with the Family Mediation Centre. Separation under one roof It is possible to be separated but still be living in the same home. This can happen if you have ended your marriage and are living independently from each other. For example, if you live together, but no longer share the usual activities of marriage, such as sleeping together, eating meals together and going out together, you can be `separated under the one roof'. When you apply for a divorce, the Family Court may require evidence called `corroborative evidence' from a third person to support your claim of separation under one roof. This person may be a neighbour, a friend or a relative who is familiar with the circumstances in which you and your spouse have been living. De facto relationships De facto relationships are generally defined as two people living in a real domestic situation for a period of two years or more. Two people who have had a child together are also considered a de facto couple, even if they have never lived together. De facto couples' children are covered by the Family Law Act in exactly the same way as if their parents had been married. But to dissolve a de facto relationship, you do not need to prove that you have been separated for 12 months. Because you have never been married, there is no actual divorce process. If you are de facto, want to end your relationship and have not had any children with your partner, the only thing you need to be concerned about is the division of any jointly owned property. As soon as you have separated you can arrange a division of property. Because this is a complicated area of the law, we suggest you seek the help and advice of a solicitor.

3 What is counselling? Before you apply for your divorce, you should consider contacting the Family Court's Counselling Service. The service is free and confidential and has been set up specially to talk about your divorce, reconciling with your spouse or about any other problems you or your family are facing. This service is also available for de facto couples who are separating. Divorce Divorce is the legal end of a marriage. It does not matter to the Family Court why the marriage has broken down or whose fault it was. You only need to show that the marriage has broken down beyond repair. To establish the `irretrievable breakdown' of a marriage, the Family Court considers whether or not you and your partner have lived separate lives for at least one year. If you have, you may apply for a divorce. What do I need to do? You can get all of the necessary forms to file for a divorce from the Family Court, a free community legal service such as the Monash Oakleigh Legal Service, or a stationery shop that sells legal forms. You need to have your marriage certificate or an official copy from the Office of Births, Deaths and Marriages and details of any other Court orders made. If you are trying to arrange a divorce less than two years after your marriage date, you also need a certificate from an approved counsellor stating you have considered reconciliation. What is the procedure? It costs $ to apply for a divorce, but if you cannot afford this, you can ask not to pay the fee. The Family Court will make a decision about this based on information you give them about your money situation. Cash, Bank Cheques and Money Orders are the only methods of payment accepted by the Family Court. You may also have to pay for the divorce papers to be served on your partner. This can cost you up to $ Do I need to have a solicitor? Even though you can process your own divorce without a solicitor, it is important to be sure of your rights, especially where there is a continuing

4 disagreement or where property is concerned. You may also need help in filling in the forms. If you are not sure, one of the legal advisers at a free community legal service, such as the Monash Oakleigh Legal Service, may be able to help you fill in the forms and advise you further about your legal position. The aftermath Even after separation or divorce you may still need to consider: Arrangements for the care of your children Child support Property which is jointly owned, or to which you both contributed. All of these areas can be dealt with by agreement between you and your partner. You do not have to see a solicitor or go to a Court. You can, however, come to an agreement which can be put into writing by a solicitor and be made into a formal court order. The benefit of this is that, if your partner refuses to comply with the order, you can ask the Court to make your partner do what the agreement says. Contact, parental responsibility and residence According to the Family Law Act, both parents have a duty to support their children so far as they can. In law they have joint responsibility for their children, until the Court makes an order stating otherwise. This means that if you have separated from your partner, one of you may ask the Court to decide things such as where the children should live and what sort of contact they should have with the other parent. In deciding who should have responsibility for your children the Court has to chose what is best for the children. In fact, your divorce will not be finalised unless the Court is satisfied that proper arrangements have been made for your children. The Court usually expects separating parents to discuss their children's future with a counsellor before a case is heard by a judge. So, it is best to talk with a counsellor before considering legal proceedings. You may find that you can solve the problems without having to see a solicitor. A list of the counselling services available to you is on the back page of this pamphlet.

5 What is parental responsibility? Parental responsibility means all the duties surrounding the child's long term welfare, as well as all major decisions involving the child's health, education and religious upbringing. During marriage and after separation and divorce, parents share joint parental responsibility for their children, unless the Court orders otherwise. What is residence? Residence is where a child will live after separation. Parents may go on sharing the residence of children, or the children may reside with only one parent. Legally, children will have residence with both parents unless that is changed by a Court order. What is contact? Contact is the time children spend with the parent they do not live with. The Family Law Act says that children have the right to good relationships with both of their parents and contact with the parent they do not live with is very important to the welfare of children. However, the law does not regard contact with children as a parental right. Violent or abusive parents may not be able to have contact with their children. Contact will only be maintained if it is in the child's best interests. What is the Child Support Scheme? The Child Support Scheme applies to parents who separated on or after 1 October 1989 and is a new way of making sure that the children of separated or divorced parents get financial support. If you have daily care of a child, you no longer have to go to Court to apply for maintenance of the child from your spouse. Instead, you can fill in a form asking the Child Support Agency to assess how much the parent who is not living with the child is liable to pay for their support. The Child Support Agency, which is part of the Tax Office, decides how much Child Support should be paid by taking both parents' incomes into account. It also collects the child support payments, either by arranging for an employer to deduct them, like tax, or having the parent send the money direct to the Agency, who will then forward it to the parent who has custody. This sort of assessment is not compulsory. Parents can still make private agreements about how much child support should be paid and can decide whether or not to register their agreement with the Agency and have child

6 support collected by it. You can find out more about this by phoning the Agency on Parents who separated before 1 October 1989, and do not have a child born on or after that date, may have to go to Court to arrange Child Support. This is also a complicated area of law and you should obtain the advice of a solicitor. Property division Property division can be difficult, so it is probably best to speak with a legal adviser about how it affects you. But here are a few things you should know about the way that it operates. Major items of property, such as a jointly owned house, can be divided any time after you have separated from your partner. If you and your partner cannot agree on how property should be divided, you can apply to the Court for a decision about the property. But you cannot apply once you have been divorced for one year or more, unless you convince the Court that there are special circumstances. How the property is divided depends on contributions made by you and your partner. Contributions can mean by way of money, or by working for the upkeep of the home (i.e. housework). It also depends on the future needs of each person. The person who has greater financial needs and/or is caring for the children, may be given a greater share of the property. Property division takes all personal property into account, including insurance policies, superannuation, savings, cars and the family home. Services Available: Federation of Community Legal Centres For information about your local legal service: Tel: Domestic Violence & Incest Resource Centre 139 Sydney Road Brunswick 3056 Tel: Family Mediation Centre 367 Princes Highway Noble Park 3174 Tel:

7 Counselling Services Available: Family Court Counselling Service 570 Bourke Street Melbourne 3000 Tel: Robinson Street Dandenong 3175 Tel: Relationships Australia (Victoria) Inc. 46 Princess Street Kew 3101 Tel: Webb Street Narre Warren 3805 Tel: Clarke Street Sunshine 3020 Tel: Civic Square Croydon 3136 Tel: Catholic Family Welfare Bureau 396 Albert Road East Melbourne 3002 Tel: Cleland Street Dandenong 3175 Tel: Whitehorse Road Mitcham 3132 Tel: Wingfield Street Footscray 3011 Tel: Citizen's Welfare Services 197 Drummond Street Carlton 3053 Tel:

8 Anglican Marriage Education and Counselling Service Tel: The information provided in this pamphlet is a general guide only. To be sure of your rights and responsibilities, you should get advice from a solicitor or a community legal service.

Consent Orders. What are Consent Orders?

Consent Orders. What are Consent Orders? Consent Orders What are Consent Orders? Consent Orders are agreements made between separated or divorced couples that have been formalised by the Family or Federal Magistrates Court. These agreements may

More information

Family Law - Divorce FAQ

Family Law - Divorce FAQ Family Law - Divorce FAQ We have only been married a short time when can I start a divorce? You cannot start a divorce until you have been married for at least 12 months and you must show that the marriage

More information

Custody, Contact, Guardianship and Maintenance Act 2011

Custody, Contact, Guardianship and Maintenance Act 2011 Custody, Contact, Guardianship and Maintenance Act 2011 Ministry of Labour, Human Services and Social Security The Childcare and Protection Agency Custody, Contact, Guardianship and Maintenance Act 2011

More information

You and family law. A short guide

You and family law. A short guide You and family law 1 Contents About this booklet...2 Separation and divorce...4 Family violence...9 Family dispute resolution...13 Children...17 Dividing your property...22 Where to get help...27 Disclaimer

More information

Property Settlements in the Family Court and the Federal Magistrates Court

Property Settlements in the Family Court and the Federal Magistrates Court Property Settlements in the Family Court and the Federal Magistrates Court This information is based on the law as at. It is written for the use and benefit of women who contact the Women s Legal Centre

More information

Community Legal Information Association of Prince Edward Island, Inc. Custody and Access

Community Legal Information Association of Prince Edward Island, Inc. Custody and Access Community Legal Information Association of Prince Edward Island, Inc. Custody and Access Separating parents must make arrangements for child custody, access and visitation. This pamphlet explains some

More information

Community Legal Information Association of Prince Edward Island, Inc.

Community Legal Information Association of Prince Edward Island, Inc. Community Legal Information Association of Prince Edward Island, Inc. Living Together Introduction Prince Edward Island, the definition of spouse includes same sex spouses, married spouses, and spouses

More information

A GUIDE TO FAMILY LAW EVERYDAY ANSWERS

A GUIDE TO FAMILY LAW EVERYDAY ANSWERS A GUIDE TO FAMILY LAW EVERYDAY ANSWERS Revised and Updated 2012 Michael Lynch Family Lawyers Pty Ltd Street Address: Level 6, 193 North Quay Brisbane Qld 4000 Postal Address: PO Box 12027 George Street,

More information

Published by: Reprinted: March 2014 ISBN 978-1-55471-425-4

Published by: Reprinted: March 2014 ISBN 978-1-55471-425-4 Rights and Responsibilities Public Legal Education and Information Service of New Brunswick (PLEIS-NB) is a non-profit organization. Its goal is to provide New Brunswickers with information about the law.

More information

STUDENT LEGAL SERVICES. CUSTODY & ACCESS Children of Married Parents Seeing a Divorce A GUIDE TO THE LAW IN ALBERTA REGARDING OF EDMONTON

STUDENT LEGAL SERVICES. CUSTODY & ACCESS Children of Married Parents Seeing a Divorce A GUIDE TO THE LAW IN ALBERTA REGARDING OF EDMONTON COPYRIGHT AND DISCLAIMER A GUIDE TO THE LAW IN ALBERTA REGARDING CUSTODY & ACCESS Children of Married Parents Seeing a Divorce version: 2010 STUDENT LEGAL SERVICES OF EDMONTON GENERAL All information is

More information

Community Legal Information Association of Prince Edward Island, Inc. Adoption

Community Legal Information Association of Prince Edward Island, Inc. Adoption Community Legal Information Association of Prince Edward Island, Inc. Adoption In this pamphlet, we will explain some of the information about adoption and what you will experience if you choose or consider

More information

Acknowledgements. The 10th edition of Women and Family Law was updated by the solicitors at Women s Legal Services NSW.

Acknowledgements. The 10th edition of Women and Family Law was updated by the solicitors at Women s Legal Services NSW. Women and Family Law - 10th edition Acknowledgements The 10th edition of Women and Family Law was updated by the solicitors at Women s Legal Services NSW. Cover designed by Miska Graphics Layout and design

More information

Ohio Judicial Conference Family Matters: The Legal System

Ohio Judicial Conference Family Matters: The Legal System Ohio Judicial Conference Family Matters: The Legal System People go to a divorce lawyer for many reasons. Some want to get their spouse's attention, change behavior or send a warning. Others, having given

More information

5. MY RIGHTS IN THE FAMILY

5. MY RIGHTS IN THE FAMILY 5. MY RIGHTS IN THE FAMILY 5.1 General Do I have a right to live with my family? Yes. You have a right to live with your family if this is in your best interests. What is guardianship? Guardianship is

More information

INFORMATION ON DIVORCE IN FLORIDA

INFORMATION ON DIVORCE IN FLORIDA INFORMATION ON DIVORCE IN FLORIDA CAN YOUR MARRIAGE BE SAVED? Are you sure your marriage cannot be saved? Before you take any legal steps to end your marriage, you may consider possible ways to save it.

More information

DIVORCE GUIDANCE IN HILLSBOROUGH COUNTY, FLORIDA Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422

DIVORCE GUIDANCE IN HILLSBOROUGH COUNTY, FLORIDA Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422 DIVORCE GUIDANCE IN HILLSBOROUGH COUNTY, FLORIDA Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422 ECONOMIC ISSUES REGARDING MARRIAGE AND DISSOLUTION OF MARRIAGE ASSETS

More information

AN OVERVIEW OF AUSTRALIAN FAMILY LAW

AN OVERVIEW OF AUSTRALIAN FAMILY LAW AN OVERVIEW OF AUSTRALIAN FAMILY LAW For the information of clients and prospective clients of Kennedy Partners The breakdown of a marriage or de facto (including same sex) relationship can give rise to

More information

A GUIDE TO DIVORCE. The law

A GUIDE TO DIVORCE. The law A GUIDE TO DIVORCE Deciding that your marriage has ended can be very difficult. If you are not sure whether your marriage is at an end, there are relationship counselling services which may be useful in

More information

All Women. One Family Law.

All Women. One Family Law. 10 How Property is Divided in Family Law ENG 010 FAMILY LAW FOR WOMEN IN ONTARIO All Women. One Family Law. Know your Rights. How Property is Divided in Family Law This booklet is meant to give you a basic

More information

PROTECTING YOUR FAMILY

PROTECTING YOUR FAMILY Amicus Law Really Useful Guide To PROTECTING YOUR FAMILY Divorce, Separation and Settlements amicus law The best separation and divorce specialists in the South West Friendly yet tenacious; We are on your

More information

Housing advice for homeless 16 and 17 year olds

Housing advice for homeless 16 and 17 year olds Housing advice for homeless 16 and 17 year olds 2 If you are 16 or 17 and are homeless, or have nowhere safe to stay then your local authority may have a duty to help you. This leaflet contains information

More information

Divorce in Florida CAN YOUR MARRIAGE BE SAVED? Before you take any legal steps to end your marriage, you should make sure that you have tried all possible ways to save it. Do you want professional help

More information

NEW LAW REFORM PROPOSALS ON DIVORCE Dianne Hubbard, Gender Research & Advocacy Project Legal Assistance Centre, 2005

NEW LAW REFORM PROPOSALS ON DIVORCE Dianne Hubbard, Gender Research & Advocacy Project Legal Assistance Centre, 2005 NEW LAW REFORM PROPOSALS ON DIVORCE Dianne Hubbard, Gender Research & Advocacy Project Legal Assistance Centre, 2005 The Law Reform and Development Commission (LRDC) recently released proposals for law

More information

Fixed Price Divorce Solutions. Peace of mind at a price you can afford!

Fixed Price Divorce Solutions. Peace of mind at a price you can afford! Fixed Price Divorce Solutions Peace of mind at a price you can afford! Time to move on We offer a range of fast, simple and cost effective uncontested divorce services. Coodes Solicitors Divorce We know

More information

What You Need to Know About Divorce

What You Need to Know About Divorce What You Need to Know About Divorce There are four main steps in a divorce: 1. Your lawyer writes the divorce papers and files them with the court. 2. The sheriff s department gives (serves) your husband

More information

Family Law and You April 2014 Legal Services Commission

Family Law and You April 2014 Legal Services Commission Family Law and You Family Law and You April 2014 Legal Services Commission This booklet is for men and women who are separating from their partners. This is a simple guide to Family Law - it is not a substitute

More information

stepparent rights and

stepparent rights and stepparent rights and responsibilities Am I a stepparent? S4 Family Law Act 1975 (Cth) defines a stepparent as a person who: Is not a parent of the child; Is, or has been, married to or a de facto partner

More information

tenancy management Introduction Care of Neighbourhoods Car Parking

tenancy management Introduction Care of Neighbourhoods Car Parking tenancy management Introduction The term Tenancy Management covers many of the services we provide in our role as a landlord. Your Housing Officer is your main point of contact and you can arrange to see

More information

Slater & Gordon Family Law Solicitors

Slater & Gordon Family Law Solicitors Slater & Gordon Family Law Solicitors Contents About Us 3 Divorce, Separation & Civil Partnership Dissolution 4 Children Matters 4 Finances 5 Cohabitation Issues 6 International Divorce 6 Domestic Abuse

More information

SELF-REPRESENTED UNCONTESTED DIVORCE IN NEW YORK STATE Rural Law Center of New York, Inc.

SELF-REPRESENTED UNCONTESTED DIVORCE IN NEW YORK STATE Rural Law Center of New York, Inc. This material is provided to answer general questions about the law in New York State. The information and forms were created to assist readers with general issues and not specific situations, and, as

More information

Mediation for Reconciliation

Mediation for Reconciliation Mediation for Reconciliation The Family Law Act 1996, Part 2, provided for information meetings for parties contemplating divorce. Under provisions which remain on the statute book, the requirements relating

More information

COUNTY COURT OF VICTORIA

COUNTY COURT OF VICTORIA A GUIDE TO MAKING AN ADOPTION APPLICATION TO THE Forms required for applications pursuant to the Adoption Act 1984 FORMS PURSUANT TO ADOPTION RULES 2005 1. Form of Summons for Adoption Order [Form 1] This

More information

When Couples Separate

When Couples Separate When Couples Separate R I G H T S A N D R E S P O N S I B I L I T I E S Public Legal Education and Information Service of New Brunswick Public Legal Education and Information Service of New Brunswick (PLEIS-NB)

More information

I. INFORMATION ABOUT YOU A. NAME Name: SS#: - -

I. INFORMATION ABOUT YOU A. NAME Name: SS#: - - DIVORCE QUESTIONNAIRE Please take the time to write down the following information. You will need this information to prepare your divorce pleadings and to provide the court all the relevant information.

More information

The Family Law Act in PEI

The Family Law Act in PEI Community Legal Information Association of Prince Edward Island, Inc. The Family Law Act in PEI This pamphlet provides an overview of the Family Law Act. This Act defines the term spouse and covers the

More information

SEPARATION AGREEMENTS

SEPARATION AGREEMENTS SEPARATION AGREEMENTS Often when a new client comes into my office, it is their first time in a lawyer s office, ever. Such virgins look terrified, glancing over their shoulders to see if they have been

More information

What you should know about IN ONTARIO

What you should know about IN ONTARIO What you should know about IN ONTARIO This booklet contains information about the law as it was at the time it was written. The law can change. Check the Ministry of the Attorney General website at http://www.attorneygeneral.jus.gov.on.ca

More information

One party. application for Order dissolving a marriage or civil union. Dissolution (divorce) application. pack

One party. application for Order dissolving a marriage or civil union. Dissolution (divorce) application. pack One party application for Order dissolving a marriage or civil union Dissolution (divorce) application 1 pack Application by one party for Order dissolving a marriage or civil union Dissolution application

More information

Divorce. Consumer Pamphlet Series

Divorce. Consumer Pamphlet Series Divorce Consumer Pamphlet Series Foreword Divorce affects, directly or indirectly, virtually every family in the country. The following information is designed to briefly summarize Georgia s divorce laws.

More information

THE BASICS Becoming a Legal Guardian in New York State

THE BASICS Becoming a Legal Guardian in New York State THE BASICS Becoming a Legal Guardian in New York State WHAT IS A LEGAL GUARDIAN? A legal guardian is a person who has legal power to take care of a child. A Judge decides who that person is. A Judge decides

More information

Family & A Guide to Family Law in Queensland. De-Facto Law

Family & A Guide to Family Law in Queensland. De-Facto Law Family & A Guide to Family Law in Queensland De-Facto Law GLOSSARY When dealing with family law it is important to have a clear understanding of legal jargon. When it comes to legal documentation semantics

More information

Fixed Price Divorce Solutions. Peace of mind at a price you can afford!

Fixed Price Divorce Solutions. Peace of mind at a price you can afford! Fixed Price Divorce Solutions Peace of mind at a price you can afford! Time to move on We offer a range of fast, simple and cost effective uncontested divorce services. Coodes Solicitors Divorce We know

More information

DIVORCE LAW REFORM A SUMMARY OF THE LAW REFORM AND DEVELOPMENT COMMISSION PROPOSALS. Legal Assistance Centre 2005

DIVORCE LAW REFORM A SUMMARY OF THE LAW REFORM AND DEVELOPMENT COMMISSION PROPOSALS. Legal Assistance Centre 2005 DIVORCE LAW REFORM A SUMMARY OF THE LAW REFORM AND DEVELOPMENT COMMISSION PROPOSALS Legal Assistance Centre 2005 This is a summary of a bill proposed by the Law Reform and Development Commission (LRDC).

More information

Family Law and You May 2016 Legal Services Commission

Family Law and You May 2016 Legal Services Commission Family Law and You Family Law and You May 2016 Legal Services Commission This booklet is for men and women who are separating from their partners. This is a simple guide to Family Law - it is not a substitute

More information

The least costly, less stressful approach to finalizing the terms of your divorce is through mediation.

The least costly, less stressful approach to finalizing the terms of your divorce is through mediation. WORKING OUT THE TERMS OF YOUR DIVORCE THROUGH MEDIATION The least costly, less stressful approach to finalizing the terms of your divorce is through mediation. Mediation allows separating and divorcing

More information

All Women. One Family Law.

All Women. One Family Law. 9 Finding Help with your Family Law Problem ENG 009/2010 FAMILY LAW FOR WOMEN IN ONTARIO All Women. One Family Law. Know your Rights. Finding Help with your Family Law Problem This booklet is meant to

More information

SELF- SERVICE GUIDE FOR DIVORCE CASES SUPERIOR COURT OF ARIZONA

SELF- SERVICE GUIDE FOR DIVORCE CASES SUPERIOR COURT OF ARIZONA SELF- SERVICE GUIDE FOR DIVORCE CASES SUPERIOR COURT OF ARIZONA This booklet is designed to give you in depth information about getting a divorce in Arizona and to let you know the usual steps which are

More information

Common Questions About Adoptions

Common Questions About Adoptions Common Questions About Adoptions By George Alan Elliott, Regional Counsel for Legal Aid of NorthWest Texas {Author s Note: Chapter 161 of the Texas Family Code deals with Termination of the Parent-Child

More information

Western Mass. Legal Services PRO SE DIVORCE CLINIC OVERVIEW

Western Mass. Legal Services PRO SE DIVORCE CLINIC OVERVIEW Western Mass. Legal Services PRO SE DIVORCE CLINIC OVERVIEW CONTENTS INTRODUCTION... 1 CAN YOU GET DIVORCED IN MASSACHUSETTS?... 3 CAN YOU FILE YOUR DIVORCE IN BERKSHIRE COUNTY?... 4 THE DIVORCE PROCESS...

More information

Family Law in Alberta

Family Law in Alberta Family Law in Alberta ACCESSING JUSTICE Series Legal Information for Frontline Service Providers This guide was developed for frontline service providers in Alberta who work with vulnerable individuals.

More information

Family Law Information: The basics

Family Law Information: The basics Family Law Information: The basics 1 Family Law The basics Legal advice is always dependent upon your particular circumstances, and this is particularly the case in family law The information in this brief

More information

Family Law Information Line: 1-888-236-2444

Family Law Information Line: 1-888-236-2444 Child Support Child Support Public Legal Education and Information Service of New Brunswick (PLEIS-NB) is a registered charity whose goal is to provide the public with information on the law. PLEIS-NB

More information

The Process of Mediation in the Family Court

The Process of Mediation in the Family Court The Process of Mediation in the Family Court MINISTRY FOR JUSTICE, CULTURE AND LOCAL GOVERNMENT 2 The Process of Mediation in the Family Court Information booklet issued by the Law Courts, Malta October

More information

A GUIDE TO FINANCIAL ARRANGEMENTS AFTER MARRIAGE BREAKDOWN

A GUIDE TO FINANCIAL ARRANGEMENTS AFTER MARRIAGE BREAKDOWN A GUIDE TO FINANCIAL ARRANGEMENTS AFTER MARRIAGE BREAKDOWN This legal guide sets out the law and procedure as it relates to separating your finances following divorce or judicial separation. We cannot

More information

Basic Guide to Divorce/Legal Separation

Basic Guide to Divorce/Legal Separation Basic Guide to Divorce/Legal Separation Table of Contents 1. Basic Steps for Getting a Divorce or Legal Separation 2. Important Court Related Offices and Services 3. Legal Issues to Consider 4. County

More information

(REVISED 5/01) HAMPSHIRE PROBATE AND FAMILY COURT GROUNDS FOR DIVORCE

(REVISED 5/01) HAMPSHIRE PROBATE AND FAMILY COURT GROUNDS FOR DIVORCE (REVISED 5/01) HAMPSHIRE PROBATE AND FAMILY COURT 3 GROUNDS FOR DIVORCE (REVISED 5/01) HAMPSHIRE PROBATE AND FAMILY COURT GROUNDS FOR DIVORCE When you file for divorce, you will need to choose a legal

More information

Separation, Divorce and Marriage Equality

Separation, Divorce and Marriage Equality Gay & Lesbian Advocates & Defenders 30 Winter Street, Suite 800 Boston, MA 02108 Phone: 617.426.1350 or 800.455.GLAD Fax: 617.426.3594 Website: www.glad.org Separation, Divorce and Marriage Equality Note:

More information

Family Law Fact Sheet

Family Law Fact Sheet Family Law Fact Sheet DIVORCE, SEPARATION & DISSOLUTION OF CIVIL PARTNERSHIPS Do I have an automatic right to obtain a Divorce? No. The only way to obtain a divorce is to prove that the marriage is irretrievably

More information

PARENT AND CHILD. Chapter Twelve

PARENT AND CHILD. Chapter Twelve Chapter Twelve PARENT AND CHILD Every person under the age of 18 is considered a minor in the State of Alaska. Upon your 18th birthday, you reach the age of majority. [AS 25.20.010.] Parents have certain

More information

What You Need to Know About Divorce

What You Need to Know About Divorce What You Need to Know About Divorce There are four main steps in a divorce: 1. 2. 3. 4. Your lawyer writes the divorce papers and files them with the court. The sheriff s department gives (serves) your

More information

STUDENT LEGAL SERVICES MAINTENANCE UNDER THE FAMILY LAW ACT A GUIDE TO THE LAW IN ALBERTA REGARDING OF EDMONTON COPYRIGHT AND DISCLAIMER

STUDENT LEGAL SERVICES MAINTENANCE UNDER THE FAMILY LAW ACT A GUIDE TO THE LAW IN ALBERTA REGARDING OF EDMONTON COPYRIGHT AND DISCLAIMER COPYRIGHT AND DISCLAIMER A GUIDE TO THE LAW IN ALBERTA REGARDING MAINTENANCE UNDER THE FAMILY LAW ACT version: 2008 STUDENT LEGAL SERVICES OF EDMONTON GENERAL All information is provided for general knowledge

More information

Original Petition for Divorce

Original Petition for Divorce Cause Number: (The Clerk s office will fill in the Cause Number and Court Number when you file this form.) IN THE MATTER OF THE MARRIAGE OF Petitioner: Print first, middle and last name of the spouse filing

More information

What happens when your relationship ends?

What happens when your relationship ends? Family law Frequently Asked Questions What happens when your relationship ends? Answers to questions about your family, your children and your property. MNLA60075 What happens when my relationship ends

More information

The Family Law Guide for Australia

The Family Law Guide for Australia The Family Law Guide for Australia CONTENTS 2... Contents 4... Family Law Courts 5...De Facto Relationships 7... Working it Out on Your Own 7... Private Negotiations 7...Lawyer led Negotiations and/or

More information

Non-Custodial Parent Rights in South Carolina July 2010

Non-Custodial Parent Rights in South Carolina July 2010 Non-Custodial Parent Rights in South Carolina July 2010 The legal information in this publication is designed to help you learn about the laws that apply when you have a child and you are not married to

More information

Community Legal Information Association of Prince Edward Island, Inc. Becoming a Parent

Community Legal Information Association of Prince Edward Island, Inc. Becoming a Parent Community Legal Information Association of Prince Edward Island, Inc. Introduction Becoming a Parent Having a baby can be an exciting and overwhelming time in your life. As you prepare for a baby to arrive,

More information

FAMILY LAW: DIVORCE APPLICATION INITIAL APPOINTMENT CHECKLIST

FAMILY LAW: DIVORCE APPLICATION INITIAL APPOINTMENT CHECKLIST FAMILY LAW: DIVORCE APPLICATION INITIAL APPOINTMENT CHECKLIST At Swanwick Murray Roche,, we are committed to assisting our clients in an efficient and cost effective manner. This checklist sets out the

More information

PARENTAL RIGHTS AND RESPONSIBILITIES

PARENTAL RIGHTS AND RESPONSIBILITIES PARENTAL RIGHTS AND RESPONSIBILITIES The relationship between children and their parents in a divorce, once called custody, is now called Parental Rights and Responsibilities. The wording of the law has

More information

For non-muslim and non-customary native marriages ******************************************************

For non-muslim and non-customary native marriages ****************************************************** DIVORCED & OTHER HELP WITH MARRIAGE PROBLEMS For non-muslim and non-customary native marriages ****************************************************** 1. What are the grounds for divorce? 2. What is the

More information

Family Law Act CHAPTER 27. Reprinted 1999

Family Law Act CHAPTER 27. Reprinted 1999 Family Law Act 1996 CHAPTER 27 First Published 1996 Reprinted 1999 Family Law Act 1996 CHAPTER 27 ARRANGEMENT OF SECTIONS PART I PRINCIPLES OF PARTS II AND III Section 1. The general principles underlying

More information

BRETT N. BENDER 420 SW WASHINGTON ST / STE 400 PORTLAND, OR / 97204 P: 971-373-8491 F: 503-270-5281 brett@brettbenderlaw.com

BRETT N. BENDER 420 SW WASHINGTON ST / STE 400 PORTLAND, OR / 97204 P: 971-373-8491 F: 503-270-5281 brett@brettbenderlaw.com BRETT N. BENDER 420 SW WASHINGTON ST / STE 400 PORTLAND, OR / 97204 P: 971-373-8491 F: 503-270-5281 brett@brettbenderlaw.com HOW I WILL HANDLE YOUR OREGON DIVORCE 1. GROUNDS: Oregon has adopted the concept

More information

THE BASICS Getting a Divorce in New York State

THE BASICS Getting a Divorce in New York State THE BASICS Getting a Divorce in New York State Either the wife or the husband can ask a Court for a divorce. In this booklet, we say that the wife is the person who will go to Court to request a divorce

More information

Family Law FREQUENTLY ASKED QUESTIONS (FAQ)

Family Law FREQUENTLY ASKED QUESTIONS (FAQ) F + 61 8 8231 0355 Family Law FREQUENTLY ASKED QUESTIONS (FAQ) At Grope Hamilton Lawyers we take the time to answer some of the questions that commonly arise at the end of a relationship. However, the

More information

TAKE GOOD CARE OF What does all that mean? Your COMMITMENT to each other YOURSELF Any CHILDREN you might have or adopt

TAKE GOOD CARE OF What does all that mean? Your COMMITMENT to each other YOURSELF Any CHILDREN you might have or adopt CONGRATULATIONS! You re getting married hopefully, for the rest of your life. It may surprise you to learn that the State of Florida has an interest in your marriage. Not in the number of bridesmaids,

More information

What will happen to my home? Information about your home when bankruptcy occurs

What will happen to my home? Information about your home when bankruptcy occurs What will happen to my home? Information about your home when bankruptcy occurs Contents Will I lose my home?... 3 When will the official receiver or trustee sell my home?... 3 Can anything be done to

More information

DIVORCE AND SEPARATION

DIVORCE AND SEPARATION DIVORCE AND SEPARATION What are the reasons for a divorce? In Virginia, you can get a divorce for six reasons. Two reasons don't need a waiting period: Adultery, sodomy or buggery. These are very difficult

More information

What happens when your relationship ends?

What happens when your relationship ends? Family Law Aboriginal What happens when your relationship ends? This brochure assists Aboriginal families work out what s best for the kids 1 What is family law? Most family law matters in Australia are

More information

Violence is unacceptable in any culture

Violence is unacceptable in any culture Violence is unacceptable in any culture The power of change is in our hands Who is this booklet for? This booklet is written for women from the Indian subcontinent who are applying for intervention orders

More information

ALTERNATIVE DISPUTE RESOLUTION

ALTERNATIVE DISPUTE RESOLUTION ALTERNATIVE DISPUTE RESOLUTION Presented by Carmella Ben-Simon Barrister Victorian Bar Owen Dixon Chambers West 17th floor 525 Lonsdale Street Melbourne 3000. T 92258585 F 9225 8024 DX 92 Melbourne Clerk

More information

DE FACTO PROPERTY. What Is A De Facto Relationship?

DE FACTO PROPERTY. What Is A De Facto Relationship? DE FACTO PROPERTY In Western Australia the law relating to the property of de facto partners is very similar to the law relating to the property of parties to a marriage. There are differences in regard

More information

Divorce and Separation: A JD Law guide

Divorce and Separation: A JD Law guide Divorce and Separation: A JD Law guide The Office for National Statistics estimates that over 40 per cent of all marriages in England and Wales end in divorce, with around 120,000 couples parting ways

More information

You and family law. A short guide

You and family law. A short guide You and family law A short guide Contents 2 About this booklet 4 Legal words and phrases explained 7 Separation and divorce 11 Domestic violence 18 Family dispute resolution 21 Children 26 Dividing your

More information

Family Law in the NWT. Rights. Responsibilities. Answers. Information.

Family Law in the NWT. Rights. Responsibilities. Answers. Information. Family Law in the NWT. Rights. Responsibilities. Answers. Information. March 2013 HOW TO USE THIS GUIDE v Table of Contents Section 1 Family Law in the NWT WHAT IS FAMILY LAW? 1-1 ACTS AND REGULATIONS

More information

INSTRUCTIONS FOR FILING A PETITION FOR DIVORCE WITHOUT MINOR CHILDREN

INSTRUCTIONS FOR FILING A PETITION FOR DIVORCE WITHOUT MINOR CHILDREN INSTRUCTIONS FOR FILING A PETITION FOR DIVORCE WITHOUT MINOR CHILDREN GENERAL COMMENTS This is the form packet for people who want to file their own divorce, and who do not have any minor children together

More information

What will happen to my home in bankruptcy?

What will happen to my home in bankruptcy? What will happen to my home in bankruptcy? Will I lose my home? The official receiver or the trustee (if an insolvency practitioner has been appointed in place of the official receiver) may have to sell

More information

FAMILY MATTERS MARRIAGE IN SCOTLAND

FAMILY MATTERS MARRIAGE IN SCOTLAND FAMILY MATTERS MARRIAGE IN SCOTLAND MARRIAGE IN SCOTLAND Where families are strong and working well, Scottish Ministers believe that the government should not get involved. Family life should, wherever

More information

What is Family Mediation?

What is Family Mediation? What is Family Mediation? February, 2007 The Self Help Legal Center SIU School of Law Carbondale, IL 62901 (618) 453-3217 selfhelp@siu.edu Disclaimer Please read 2 This packet of information was prepared

More information

Instructions for Petition for Divorce With Minor Children

Instructions for Petition for Divorce With Minor Children GENERAL COMMENTS Instructions for Petition for Divorce With Minor Children This is the form packet for people who want to file their own divorce, and who do have minor children (under 18 years old) together

More information

FAMILY LAW AND MARRIAGE BREAKDOWN IN AUSTRALIA. by Margaret Harrison

FAMILY LAW AND MARRIAGE BREAKDOWN IN AUSTRALIA. by Margaret Harrison AUSTRALIAN F A M I L' Y B R I EFl N G S No 2 FAMILY LAW AND MARRIAGE BREAKDOWN IN AUSTRALIA by Margaret Harrison 121 BACKGROUND The laws that regulate marriage breakdown and the patterns of marriage and

More information

HOUSING SERVICES WE CAN TRANSLATE TENANT APPROVED. Are you Homeless?

HOUSING SERVICES WE CAN TRANSLATE TENANT APPROVED. Are you Homeless? HOUSING SERVICES WE CAN TRANSLATE TENANT APPROVED Are you Homeless? www.north-ayrshire.gov.uk Advice & assistance It is important you try to get help as early as possible. This makes sure that you and

More information

Date of Birth Age Now Date of Birth Age Now

Date of Birth Age Now Date of Birth Age Now Name Name Address Address Date of Birth Age Now Date of Birth Age Now Is a pregnancy involved: Highest year in school: In school now? If not, date quit: Employment, if any, now: Wages: Savings, if any:

More information

A Guide to Process for Family Cases at the Superior Court of Justice

A Guide to Process for Family Cases at the Superior Court of Justice A Guide to Process for Family Cases at the Superior Court of Justice Ontario Superior Court of Justice, April 2016 Please refer to Ontario s Family Law Rules and the Practice Directions of The Ontario

More information

All domestic partners (same-sex or heterosexual) need to know about Victoria s new scheme for division of property and payment of maintenance

All domestic partners (same-sex or heterosexual) need to know about Victoria s new scheme for division of property and payment of maintenance All domestic partners (same-sex or heterosexual) need to know about Victoria s new scheme for of maintenance www.law.monash.edu All domestic partners (same-sex or heterosexual) need to know about Victoria

More information

6. MY RIGHTS AS A MIGRANT OR REFUGEE

6. MY RIGHTS AS A MIGRANT OR REFUGEE 6. MY RIGHTS AS A MIGRANT OR REFUGEE Do migrant children have the same rights as other children in Ireland? If you or your parents have come to Ireland from another country, you will be known as migrants.

More information

A Guide to. Divorce Obtaining Financial Orders. Understand why financial orders are so important. Understand how to obtain a financial order.

A Guide to. Divorce Obtaining Financial Orders. Understand why financial orders are so important. Understand how to obtain a financial order. A Guide to Divorce Obtaining Financial Orders Understand why financial orders are so important. Understand how to obtain a financial order. Understand what financial orders are available. Section 1 This

More information

Introduction to Family Law in Montana

Introduction to Family Law in Montana Introduction to Family Law in Montana Table of Contents 1. Warning... 2 2. Where Can I Get Help?... 3 3. How to Use this Packet... 3 4. Introduction to Family Law... 4 A. Dissolution of Marriage... 4 B.

More information

ADOPTION & FAMILY INFORMATION SERVICE. Level 1 45 Wakefield Street Adelaide 5000 South Australia. GPO Box 292 Adelaide 5001 South Australia

ADOPTION & FAMILY INFORMATION SERVICE. Level 1 45 Wakefield Street Adelaide 5000 South Australia. GPO Box 292 Adelaide 5001 South Australia Level 1 45 Wakefield Street Adelaide 5000 South Australia GPO Box 292 Adelaide 5001 South Australia Phone: +61 8 8207 0060 Fax: +61 8 8207 0066 Email: adoptions@dfc.sa.gov.au Web: www.adoptions.sa.gov.au

More information

WHAT YOU NEED TO KNOW ADOPTION A NEW JERSEY STATE BAR FOUNDATION PUBLICATION

WHAT YOU NEED TO KNOW ADOPTION A NEW JERSEY STATE BAR FOUNDATION PUBLICATION WHAT YOU NEED TO KNOW ABOUT ADOPTION A NEW JERSEY STATE BAR FOUNDATION PUBLICATION Toby Solomon, a family law practitioner specializing in family law, provided the legal information contained in this brochure.

More information

Your guide to Making a will

Your guide to Making a will www.lawsociety.org.uk 1 Who should make a will? If you care about what happens to your property after you die, you should make a will. Without one, the state directs who inherits, so your friends, favourite

More information

COOK ISLANDS FAMILY LAW BILL. 11 th Triennial of Pacific Women, 16-20 August 2010, Noumea

COOK ISLANDS FAMILY LAW BILL. 11 th Triennial of Pacific Women, 16-20 August 2010, Noumea COOK ISLANDS FAMILY LAW BILL 11 th Triennial of Pacific Women, 16-20 August 2010, Noumea 1 Approaching a New Family Law Bill The UNDP Pacific Centre, after a request from the Cook Islands government, developed

More information