You shared parental responsibility with your partner, which means you have equal rights to make decisions about their child’s upbringing. However, the specific arrangements for custody and visitation can vary based on the child’s best interests and individual circumstances.

The court’s primary consideration is the best interests of the child. Demonstrating a strong and nurturing relationship with the child, being actively involved in their life, and prioritizing their welfare are important factors that can strengthen your case for custody.

Depending on the child’s age and maturity level, their preferences may be considered by the court. However, the court will always prioritize your child’s best interests and may weigh their preferences against other relevant factors in the case.

People often wonder what you have to prove to be able to get a divorce in Australia. Or in other words, what are the grounds for divorce?  In Australia there is only one ground for divorce and this is that there has been an irretrievable breakdown of the marriage.

This is answered by the fact that the legislation provides that the only way to prove that there has been an irretrievable breakdown of the marriage is to show that you have been separated for twelve (12) months. Thus, provided you have been separated for 12 months you can make an application for divorce.

In order to calculate whether your separation has been over twelve months you need to establish when ‘separation’ took place. There are three elements of separation to establish this: 

You or your husband/wife formed an intention to separate; 

• That intention was acted upon, e.g. one of you left the home; and 
• The intention was communicated to the other party in the marriage.  
• In addition to the above the court must be satisfied that appropriate arrangements have been made for the care, welfare and development of any children of the marriage. 

Disagreements regarding the value of assets can arise during property settlements. In such cases, it is advisable to obtain independent valuations from experts, such as property valuers or financial specialists. If the parties still cannot reach an agreement, the court may make a determination on the value based on the evidence presented by each party.

Yes, property settlements are available to both married couples and couples in de facto relationships in Australia. The Family Law Act treats de facto relationships similarly to marriages in terms of property settlement rights and entitlements. The criteria for establishing a de facto relationship can vary between states, so it’s important to seek legal advice specific to your jurisdiction.

The cost of property settlement services can vary depending on the complexity of the case, the amount of negotiation required, and whether court proceedings are involved. It is recommended to discuss fees and costs with your lawyer during the initial consultation. Lawyers may offer different fee structures, such as fixed fees, hourly rates, or a combination of both. Transparency regarding fees and costs is essential, so you can have a clear understanding of the potential expenses involved.