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Family Law FAQs

Date: April 23, 2008

Authors: LAC Lawyers

Do I have to tell my ex-partner everything about my finances when seeking a divorce?

Should I make a formal agreement concerning the splitting of property?

I am 48 years old age with substantial assets and I am due to marry in 6 months time and I want to protect my assets - what should I do?

My children are in foster care with DOCS. Is there anything I can do?

My ex-wife is an alcoholic and currently we take turnabout with our children but every time they come back they smell putrid as she doesn't properly care for them and they don't want to go and visit her any more. Is there anything I can do?

A will was drafted on my behalf last year, and I got married this year. Is my will still valid?

I wish to divorce my husband of 5 years, does he have to consent to the divorce before I can apply to the Court?

Do I need to be an Australian Citizen to apply for divorce in Australia?

Is there a filing fee for a Divorce Application?

If the Court grants my partner and I a divorce, does the Court in that instance also make orders in relation to our property settlement and our children?

My husband and I have had marital problems for years, and I have now made the decision that I can no longer live with him. I wish to apply for a divorce, but he doesn't know - we aren't even separated. Can I apply?

My partner and I have been granted a divorce. We've reached a verbal agreement about our children and the division of our property. Can we get Court orders to formalise our agreement?

My partner and I have been granted a Divorce. What happens if we cannot come to agreement in relation to who the children live with and how the property is to be divided?

My husband and I have been married for 1 year, can I apply for a Divorce?

Divorce was granted to the mother of my children and I last week. She now informs me she will initiate proceedings against me in the family court and will take from me all the assets of the relationship and leave me with nothing. Would the Court grant such orders?

If I want to seek a divorce, do I have to go to Court?

How much will divorce cost me?

If my children live with my ex-wife and she wont let me see the children of our relationship, what can I do about seeing them?

I don't have a job and I cant afford legal representation. Who do I speak to?

I received my divorce certificate yesterday. How does that affect the will I drafted and signed 2 years ago when I was married.

My partner is very violent. What can I do to avoid him hurting me or the children.

I am getting married next month but I own a lot of property. What can I do to ensure that if in the future my future wife and I get divorced, I get all my property back without her obtaining a share in it?

I have court orders allowing me contact with my children but my wife does not come to the designated exchange point and refuses to allow me contact. What can I do.

Can I stop my ex-wife taking our children overseas without my permission?

I applied for divorce, the hearing for which is next month. I want to marry my new partner in 3 weeks. Can I do that?

I've been served with Family Court documents from my wife's solicitor. What do I do ?

I need to file a Financial Statement at the Family Court. Do I have to reveal all property or can I hide some?

I was served with an Application for Final Orders and it says that the court hearing is in two weeks. Do I need a Lawyer?

My wife wants to take my kids to another state which means I can't see them pursuant to the Court Orders that we have. What do I do ?

Are child support and spousal maintenance the same ?

Can either party apply for spousal maintenance ?

I got married. Do I have to change my name ?

I've been contacted by child support who informed me that they are assessing my income and that I have to pay child support for my kids. Does that mean I have to see my wife although we are separated so I can pay her each week?

The father of my children and I are divorced. My child is under 18 and I wish to change their surname from that of their father's to that of their step-father, but the father won't provide consent. What do I do. ?

I've got my step children in my care, but I don't know the whereabouts of their natural parents. Can I adopt them?

A child support assessment was made on my income but I think it's too high. What do I do. ?

I am not sure if I am the parent of our son as I believe my wife has always been disloyal to me. What can I do ?

My ex-wife said she's applying for residence orders in relation to our child who has been living with me. What does that mean?

If my ex wife is granted residence orders in relation to our child, does that mean I can't see my child at all?

My step child lives with my husband and I, can I adopt him?

We have parenting orders in place but my daughter turns 18 next month. What happens then?

I'm considering adopting my step child. What's the difference between that and obtaining Parenting Orders.

Do I have to wait until I am 18 to get married?

If I am under 18 and pregnant, can I apply to the judge for permission for marriage?

My husband and I are disputing about our child's name. What can we do?

I have left home and wish to commence divorce proceedings. Can you help?

What is the greatest single impediment to the parties of a divorce trying to effect a property settlement?

I want to obtain a prenuptial agreement as I am getting married shortly and I need to protect not only my current assets but what I am likely to inherit in the future. Can you help me?

Until recently I was in a defacto relationship and my ex-partner has now denied me access to our child? Can you help me?

I am involved in a property settlement and am unsure whether the advice I have obtained is correct. Can you assist?

I have been attending counselling for over 20 months with my wife and it seems to be leading no where as I use my best endeavours to address our problems however she remains distant and aloof and on a number of occasions has not turned up at all. Can you help me?

If I hold property both in Australia and overseas and wish to avail myself of the protection of a prenuptial agreement will it cover all my assets or only those in Australia?

I am involved in a property dispute with my ex defacto who is refusing to sign the contract to see our joint property. Is there anything you can do for me?

I haven’t received any child support payments from my ex-spouse and although the child support agency is saying they have made every possible effort to recover them I have lost faith in the system. Is there anything you can do?

I am looking for a divorce lawyer with extensive experience in children’s custody cases and complex property settlements. Can you help me?

I have been married for approximately 20 years and have three children with my husband who has recently been diagnosed with Aspbergers Syndrome. He is an extremely difficult and overbearing person who always things he is right and is unable to effectively communicate with me and it does not’t matter what I do I always seem to be in the wrong. Are you familiar with Aspbergers Syndrome and can you assist me?

I recently divorced my husband who has left me with the four children and he has suggested that as we have no assets he will give me half of his superannuation. What should I do as I am unemployed and on a single mother’s supporting pension and he does not pay child support?

I am a grandmother - do I have any rights to see my grandchildren?

Do parties have to undergo pre-action procedures to be able to issue proceedings in relation to any matter in the Family or Federal Magistrates’ Court?

What if I issued Family Law proceedings and I don’t have a lawyer?

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