Family Law - The Divorce Process
Date: September 14, 2006
Authors: LAC Lawyers
Applications for divorce are processed by Registrars of the Federal Magistrates Court, who sit in the federal court buildings at Sydney and Parramatta . The court process is quick and easy for most people, and if there are no children under the age of 18 attendance at court is unnecessary for either party. An Application may only be filed in the 
court after you have been separated for more than 12 months. For example, if you separate on 1 August then the documents cannot be filed until 2 August or later.
Separation under the one roof.
The divorce application is not quite as simple when part or all of the 12 month separation period is spent living together in the same household. The Court will require further information to enable it to be satisfied that there has in fact been an irretrievable breakdown of marriage and it is a genuine application. An affidavit (sworn statement) has to be prepared by the person applying for divorce which details evidence of the parties' intention to end the marriage. This would have to address such questions as whether or not the parties still share the same bedroom, whether or not one performs any household duties for the other, financial arrangements between them, the extent to which there are other shared activities, why it is there is still a sharing of accommodation, and the like. In some instances, correspondence with Centrelink or similar government department may assist the court in determining the matter. This material would usually be attached to your affidavit. In addition, the court would expect to see an affidavit from an independent witness, such as a family friend or neighbour, to verify the changes in living arrangements.
Your lawyer is in the best position to advise what is required and to assist in preparation of the necessary documents required by the Court. It is advisable to consult your lawyer at an early stage as the Court is likely to refuse applications that are not accompanied by sufficient evidence of the separation and as a consequence the divorce will be delayed, perhaps for several months.
Unable to locate the other party?
In an ordinary case, the Court Rules insist that the divorce application, once it has been filed and stamped by the court's filing clerk, be delivered (served) to the other party. This often is done in person (by someone other than the applicant) or by post. In regard to postal delivery, it will usually be necessary to have receipt of the document acknowledged in writing by the other party on the proper form. Service of the divorce application on a person outside Australia is no different if done by mail except that a longer period of time must be allowed for postal delivery. Sometimes it will be necessary to pay for a service agent in the overseas country to serve the application.
Even if the whereabouts of the other party are not known, the Court will still expect an Applicant to have carried out reasonable enquiries with a view to locating the person to be served. An affidavit setting out such enquiries will have to be provided to the court in due course. If all else fails, the Court may still consider granting the divorce without the need to serve the application, referred to as 'dispensing with service'.
A case in which the author was recently involved illustrates some of the issues to be considered by the Court in an application to dispense with service. In that case, the husband and the wife were married in 1965. After a period of only 3 weeks, they separated and the husband disappeared, not to be seen since. To further complicate matters the wife was some time later involved in a serious accident which caused memory loss. The wife did not know the husband's relatives or where they came from. The starting point was an electoral roll search undertaken through a mercantile agent and phone book searches. Further enquiries by a private investigator may have been useful but beyond the means of the wife. Any other avenue of enquiry was exhausted. An affidavit outlining these enquiries was prepared for the Court. A separate application, apart from the divorce application, is required because the Court is being asked to make procedural orders relating to service of a document (the divorce application). In this matter the Court was satisfied that everything possible had been done to locate the husband and made the anticipated order that the wife place advertisements in daily newspapers for both Sydney and Melbourne in a specified format. In time and once proof of lodgement of the advertisements could be supplied, the divorce was granted. This case emphasises the need to consult a lawyer with experience in these matters to avoid problems and delays in the divorce being granted.
Another typical case might be where the other party cannot be located easily but it is a fair assumption that he or she will be in regular contact with a parent or sibling, whose whereabouts are known. The author can recall a number of cases in which the court has allowed service to be effected on a parent of the missing person. This may seem a little unusual but for any number of reasons one of the parties to a marriage may not wish their contact details to be known to the other. Every case has to be considered on its own facts and what is appropriate for one will not be for the next. The Court has a wide discretion and is flexible in these types of cases, but it must be borne in mind that it is not just a 'rubber stamp' and there has to be compliance with the Rules of court.
LAC Lawyers has the experience to assist divorce applicants with any Family Law or De Facto matter including these more difficult cases.
Family Law - Contesting Wills - Family Law Provision Claims - Case Note - Successful judgment of claimant of deceased lover and son
Date: January 16, 2012
Author(s): Patrick Mulligan B.A., LL.B.
Case note: Whitehead v State Trustees Limited [2011] VSC 424 (2 September 2011)
Family Law - Age of Consent
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
The concept of age of consent aims to protect young and innocent children from the physical and psychological harm caused by engaging in sexual intercourse before they are mature enough to consent to this kind of action.
Family Law - Child Sexual Abuse
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
Sexual abuse can happen to both men and women, even children. No gender or age is exempted, that is why it is important to spread awareness on how the family and the community can protect each and everyone, especially the most vulnerable member of society, our children.
Family Law - Children and the Criminal Justice System
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
The criminal justice system in Australia provides a set of processes and practices when dealing with children and young people who are alleged offenders or who have been found guilty of committing a crime. It encompasses the general process of arresting, charging and sentencing a child offender and the legal orders provided by the courts.
Family Law - Grandparents and Their Rights
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
In recent years, the role of grandparents has become increasingly significant. Considering the increase of family breakdown, participation of both parents in the labour force, financial difficulties, single parenthood, cost of child care, more grandparents are yearning to know their rights on how they could regularly contact their grandchildren and what they can do to help care for their grandchildren.
Family Law - Terminating Pregnancy: What you need to know
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
Abortion is the end or termination of pregnancy which can be performed in the early stages, that is, during the first trimester (up to 12 weeks) of pregnancy. However, there are instances where abortion is performed in the second trimester (12-24 weeks) or more rarely, in the third trimester (24-36 weeks).
Family Law- Children and Criminal Responsibility
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
Although difficult to fathom, we cannot deny the fact that children as young as 10 years old are capable of committing a crime. The Australian legal system acknowledges that children require special attention, consideration and protections. As a result, a number of legislations and common law particularly deal with children and young people and how they ought to be treated in the criminal justice system.
Family Law - Alternative Dispute Resolution
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
We all know that the court process can be costly and time consuming. It also can, more often than not, damage and irreparably fracture a relationship. This is the reason why people tend to seek other alternatives to resolve their issues without going through the court's intervention. As the name connotes, alternative dispute resolution is an alternative to the court process. It aims to assist parties to resolve their dispute without the need to go to a hearing. Alternative Dispute Resolution (ADR) process can assist parties to achieve better resolutions, maintain a harmonious relationship (this is significantly important in a parent-child relationship), and diminish the delay and legal expenses.
Family Law - Conciliation Conference and Procedure
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
A Conciliation Conference is an avenue for parties in dispute to achieve a mutual agreement. The Court encourages parties to make an honest effort to reach an agreement. This will not only save time and money, but it also has the potential of avoiding irreparable damage to the parties� relationship. The Conciliation Conference is supervised by an independent and partial Conciliator. The Conciliator will evaluate the case, assist the parties in identifying the issues in dispute and explore options for settling the parties' dispute, before any legal actions can take place.
Family Law - Parental Leave
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
The Fair Work Act (Cth) 2009 consists of a number of provisions that promotes a balance between work and family life. The Act provides employees with a number of entitlements, including: parental leave; special maternity leave; pre-adoption leave; foster parent leave; and the right to return to work.
Family Law - Binding Financial Agreements - Pre-Nuptial Agreements - Will a court enforce a BFA that is a bad bargain for one of the parties?
Date: January 11, 2012
Author(s): Patrick Mulligan B.A., LL.B.
This case concerned a couple that entered into a biding financial agreement (BFA) after they separated. They were married for 17 years. They entered into the BFA after they separated in 2007. The relevant clauses of the agreement provided that the home was estimated at $750,000 provided that repairs were undertaken. The husband had to undertake the repairs which were estimated at around $31,000.
Family Law - Binding Financial Agreements - Spousal Maintenance Provisions - The power of courts to order spousal maintenance regardless of binding financial agreements
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
Family Law – What can I do if my partner has given away or transferred property during the relationship, separation or divorce?
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to explain the court’s power to set aside transfers of property and transactions by a party to a relationship. This power is available to the court pursuant to s106B of the Family Law Act 1975. A claimant may apply to the court for an order under this section where a proposed or actual transaction or disposition of property by a party will have the effect or likely effect of defeating property and maintenance related orders under the Family Law Act 1975.
Criminal Law - Child Abduction
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
Abduction is defined as the unauthorised removal of a minor from the custody of the child’s natural or legally appointed guardians.
Australia is party to the Hague Convention, an international agency that battles the prevention and eradication of child abduction. The Hague Convention is a multilateral legal treaty signed by Australia, as well as many Asian countries, European countries and the US in which they agreed to assist one another when possible child abduction may arise.
Criminal Law - Child Abuse
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
There is no exact figure as to how many children in Australia are suffering from child abuse. But one thing is for sure, it is heart-breaking. It is a complex issue that is all too often ignored. Child abuse is a situation where a child suffers significant harm from an injury caused by the child’s parent or guardian. This can take the form of emotional, mental or physical abuse.
Criminal Law - Fatal Child Neglect
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
Child neglect should never be taken lightly, because often enough, it can lead to the death of a child. Fatal neglect is defined as the death of a child as a result of inadequate care. As a result, the child suffers from extreme conditions of deprivation, such as malnutrition and inadequate health care.
Family Law - The Legal Obligation of Full And Frank Disclosure
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
As at 1 June 2009, the Family Law Rules provides that each party to a case has a duty to the Court and to each party to give full and frank disclosure of all information relevant to a case, in a timely manner. Such obligation is of particular significance to proceedings relating to spousal maintenance; declarations of interests in property; alterations of property interests; setting aside property orders; maintenance agreements and their termination.
Family Law - Hidden Assets: How can the law protect you?
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
Obtaining a property settlement due to divorce can be a very complicated procedure which often causes great angst and stress amongst all parties involved. Our Family Law Solicitors understand that as a result, people are often led to hiding their assets, in order to ensure that their former partner does not receive a just and equitable amount. However, this is a breach of their statutory obligations to make a full and frank and disclosure and our Family Law Solicitors will ensure that all information are brought to the table by your former spouse.
Family Law - Property Financial Statements
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
In financial cases, parties are required to file a financial statement with their initiating application. A financial statement contains a detailed summary of an individual's financial condition. The parties must also file an amended financial statement later in the proceedings if their circumstances change.
Family Law - Property Settlement Proceedings
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
The parties to the marriage are under a legal obligation, under the Family Law Rules, to try and resolve and differences between them by way of an alternative dispute resolution (ADR). ADRs may include negotiation, family counseling, conciliation or arbitration. In the event that ADR is unsuccessful, try writing to the other party, setting out your claim and perhaps making proposals for settlement.
Family Law - Binding Financial Agreements - some Frequently Asked Questions
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
A Binding Financial Agreement is a written contract between two individuals who are either married or in a de facto relationship. It contains a reached agreement between two parties in relation to their finances, division of assets and financial resources and other issues such as spousal maintenance and property settlement in the event of a marriage breakdown.
Family Law - Divorce - Irretrievable Breakdown
Date: October 27, 2011
Author(s): Angelita Manlangit LL.B.
Divorce is something that no couples would wish for, but in reality, it happens. It can be extremely distressing and the complex procedure required by the law can further enhance the emotional burden on both parties.
Family Law - Property Settlements - The Four Step Process
Date: October 21, 2011
Author(s): Angelita Manlangit LL.B.
Decisions associated with property settlement can be complicated and exhausting. To guide the parties who undergo property settlement, there are four steps process to follow.
Family Law - Property Settlements - First Steps
Date: October 20, 2011
Author(s): Angelita Manlangit LL.B.
A marriage or relationship breakdown can be difficult and emotinally exhausting. It involves a lot of decision-making and adjustments whether for child custody, property settlements or maintenance orders. This is the reason why the Family Law Act has numerous provisions that can help support parties in the division of their assets.
Family Law - Relocation of Children
Date: October 13, 2011
Author(s): Angelita Manlangit LL.B.
LAC Family Lawyers are able to advise parents of children who wish to relocate or whose former partners wish to relocate and hence affect the location or visitation rights of the parents. Our Family Lawyers are able to provide compassionate advice in order to protect the best interests of the child and ensure that you as the parent maintain access to your children.
Family Law - Best Interest of a Child
Date: October 12, 2011
Author(s): Angelita Manlangit LL.B.
LAC Lawyers are experienced family lawyers who understand the intricacies of family relationships and the issues that arise when a marriage ends. Our family lawyers will be able to guide you through all the issues involved in marriage breakdown including the best interests of the child.
Asperger's Syndrome
Date: June 09, 2011
At LAC Lawyers we consider ourselves to be Asperger's aware and offer legal services to client's who either have Asperger's Syndrome or who have been affected by someone with Asperger's. We are sensitive to your needs and welcome any enquiry in relation to legal services for people affected by Asperger's.
Family Law - Duty Exemptions in New South Wales for Transfers Between Partners
Date: May 18, 2011
Author(s): Mark Bostock LL.B., B.Bus.
Couples may wish to transfer property between them to various reasons. They may be motivated by tax minimisation, risk management, family breakdown or other reasons. Many transfers attract duty and any decision as to transferring applicable assets should be made with parties being mindful of the potentially substantial duty liability that may emerge.
Family Law - Requirements of a Binding Financial Agreement (BFA)
Date: March 07, 2011
Author(s): LAC Lawyers
In 2000, the Family Law Act was amended to introduce a new type of agreement called the Binding Financial Agreement.
Family Law - The legal rights of de facto couples versus married couples
Date: December 20, 2010
Author(s): LAC Lawyers
Since June 1999 the term De Facto has been used to describe the relationship between the two adults (over the age of 18 and including couples of the same sex) who...
Family Law - What is Child Support?
Date: December 08, 2010
Author(s): LAC Lawyers
When families go through changes and parents separate as a result thereof, arrangements are made for the continued care, welfare and development of the children of the family. These arrangements normally are made for children until they reach an age of 18 years. This payment arrangement for the children is referred to as child support.
Family Law - The importance of documents and the process of discovery and disclosure
Date: December 08, 2010
Author(s): LAC Lawyers
It is a fundamental principal in family law that the process of discovery and disclosure of all material that is relevant to the case be made to ensure a fair outcome.
Family Law - Binding Financial Agreements, are they necessary?
Date: October 08, 2010
Author(s): LAC Lawyers
Binding Financial Agreements can be made either before, during or after marriage. These agreements take account of property settlement, payment of spousal maintenance, division of superannuation funds, etc when a marriage comes to and end. Both parties are required as a prerequisite to obtain independent legal advice prior to entering into a binding financial agreement in writing.
Family Law - International Parental Child Abduction
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Given the multicultural society in which we live, it has become more frequent that children are being removed by a parent from the country in which they reside and taken to another country in which their parent was born and may still have relatives and/or friends.
Family Law - Rights v Interests: the family law experience
Date: October 07, 2010
Author(s): LAC Lawyers
When you first see your family lawyer, there’s a jumble of information you need to provide and even more information for you to receive. You’re understandably emotional and perhaps confused about what lies ahead for you.
Family Law - The Consequences of Unplanned Pregnancy
Date: October 07, 2010
Author(s): LAC Lawyers
An unplanned pregnancy is a difficult experience, even if you’re happily in a long term relationship or are married. The choice about your next step is complicated by health, family values and dynamics, religion and practical considerations. If you’re not in a long term relationship, your decision may be even harder.
Family Law - What Is A De Facto Relationship
Date: October 06, 2010
Author(s): LAC Lawyers
In the case of Pike & Howlett [2010] FMCAfam 802, the Federal Magistrates Court of Australia was recently asked to decide what constitutes a de facto relationship under the Family Law Act 1975 (Cth) (‘the Act’)?
Family law - Separation
Date: August 09, 2010
Author(s): LAC Lawyers
Separation is very common in todays’ world. Separation is somewhat described as the end of an intention by parties to continue to live together. The intention to separate is communicated to the other and often one party moves out of the home or they start leading separate lived under the same household.
Family Law - Binding Financial Agreements Under the Family Law Act 1975 (Cth)
Date: June 15, 2010
Author(s): LAC Lawyers
If you’ve recently entered a new relationship, have been in a new relationship for a time, or are considering ending your relationship, you should consult a lawyer to learn your rights and obligations under the Family Law Act 1975 (Cth) (‘the Act’).
Family law - Spousal relationships - What's the law got to do with it?
Date: June 15, 2010
Author(s): LAC Lawyers
Whether your new spousal relationship is a married, de facto or same sex relationship; at the beginning, consideration of the law is the last thing on your mind.
Property Law - Family Law - The concept of joint land ownership when family relationships break down.
Date: May 17, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Joint land owners hold land either as joint tenants or as tenants in common. Joint tenancy is far more common. Through this method of ownership, the interests of one spouse or partner are deemed by law to flow automatically to the surviving spouse or partner irrespective of whether the deceased spouse or partner has left a will or other testamentary document.
Family Law - Considering Seperation? Here are your next steps
Date: March 31, 2010
Author(s): LAC Lawyers
Whether you are married or have been living in a domestic relationship, if you are considering separation you should also consider your family law obligations and entitlements before you finalise the decision to separate. At such a difficult and crucial stage in your life, it will be important for your transition to a new life to be as calm and smooth as possible.
Family Law - The Competing Issues of Bankruptcy and Family Law
Date: January 13, 2010
Author(s): LAC Lawyers
Family law property settlements or applications for spousal maintenance may be further complicated where one spouse is bankrupt or considering bankruptcy. In these circumstances, a conflict clearly arises between the competing interests of a trustee in bankruptcy and the separated non-bankrupt spouse in determining how property should be distributed between the parties.
Family Law - De Facto Spousal Maintenance
Date: August 17, 2009
Author(s): LAC Lawyers
A recent development in de facto family law has seen an expansion of the eligibility of parties in Australia to spousal maintenance. Pursuant to the Family Law Amendment (De Facto Financial Matters and other measures) Act 2008 (Cth), a person of a de facto relationship that separated on or from 1 March 2009 may be entitled to receive spousal maintenance.
Family Law - Assets - disputes
Date: August 04, 2009
Author(s): LAC Lawyers
Australasian family law cases concerning a party’s initial contributions, or separate property, brought into the relationship appear far from clear when settlement is litigated in court.
Family Law - Children - Recovery Orders
Date: May 19, 2009
Author(s): LAC Lawyers
Once you separate, you and your former partner will need to make some immediate decisions about practical issues about your children. It is a good idea once you have made the decision to separate to get legal advice. Unfortunately children often become embroiled in a tug-o-war situation when their parents are living separately, but both parents need to remember that they need to put the child’s best interests before any other concerns.
Family Law - Marriage Separation or the break down of a long term de facto relationship is always difficult. At LAC Lawyers we can guide you through the legal process
Date: May 19, 2009
Author(s): LAC Lawyers
Separation is a major step for everyone. It's a time when you need help and information. Most people admit feeling the worst they have ever felt in their life. Should you and your partner decide to separate, it is vital that certain immediate decisions will need to be made in relation to the children and your finances. It is at this stage that you should seek legal advice about your situation, and here at LAC Lawyers, our experienced solicitors can guide you through this sometimes traumatic and cumbersome process, as painlessly as possible!
Family & De Facto Law - Changes in De Facto Law and its effects on Property
Date: March 07, 2009
Author(s): LAC Lawyers
In legal terms, a de facto relationship is essentially a relationship between two individuals who are not married and who live together as a couple on a ‘genuine domestic basis’.
Family Law - The importance of a instructing a lawyer when applying for divorce
Date: February 04, 2009
Author(s): LAC Lawyers
Many people believe that they can undertake a Divorce on their own without legal assistance. However cost effective this may seem most Divorce cases are complicated involving children, property and other financial matters. At LAC Lawyers we will provide you with a quality and efficient service designed to ensure your Divorce and other related matters become final in the eyes of the Court.
Family Law - Pre-Nuptial or Co-habitation Agreements
Date: January 22, 2009
Author(s): LAC Lawyers
We are increasingly being asked to prepare financial agreements for couples who are about to “take the plunge” or “walk down the aisle”. However, financial agreements are also available for couples who are living together whether or not they are married, and for couples who have separated.
De Facto relationships and property settlements
Date: December 07, 2008
Author(s): LAC Lawyers
Currently in New South Wales, the Property (Relationships) Act 1984 (NSW) governs the way in which proceedings can be brought by a party to a de facto relationship who is seeking a property adjustment to jointly owned property.
Family Law - Spousal Maintenance
Date: September 18, 2008
Author(s): LAC Lawyers
Family Law - Are you Eligible to Obtain a Divorce and What is Involved in Obtaing One
Date: February 24, 2008
Author(s): LAC Lawyers
Family Law - Where to Apply for a Divorce and the Costs Associated With Divoirce Proceedings
Date: February 24, 2008
Author(s): LAC Lawyers
Marriage breakdowns is a very sad, yet regular incident in our Australian Society. Some surveys have indicated that over 40% of families in Australia undergo divorce each year. During such a stressful time of marriage breakdowns, many parties do not have any background knowledge about the procedures for obtaining a Divorce and what is involved, and when their marriage does irretrievably breakdown, they often feel lost and alone and do not know where to seek help from.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
The Benefits of Hiring A Lawyer
Date: August 16, 2006
Author(s): LAC Lawyers
The old adage “you get what you pay for” is as true today as it has ever been.
Family Law - Who gets the kids?
Date: August 14, 2006
Author(s): LAC Lawyers
The vast majority of separating couples who have children under 18 are generally able to work out their own arrangements in relation to the amount of time their children will spend with each parent.
Why stay with your lawyer
Date: August 01, 2006
Author(s): LAC Lawyers
The lawyer/client relationship is a personal one and there are many reasons which will dictate who you can and cannot work with. If you don’t like your lawyer, should you change? Ultimately, the relationship between a lawyer and client must be built on mutual trust.
Family Law - Responsible parents: the legal approach to raising children
Date: September 21, 2005
Author(s): LAC Lawyers
Being a parent can be a wonderfully rewarding experience. However, often parents will face difficult circumstances such as divorce or separation that may detract from attending to the full responsibilities and duties towards a child according to law. At LAC lawyers, we can provide a clear guide as to your full rights and responsibilities as a parent under the family law system.
The Role of the Family Lawyer: Putting the “Proper” back into Property settlements
Date: September 20, 2005
Author(s): LAC Lawyers
Family law matters can be stressful for all parties involved. Most family law matters are resolved through negotiation, so it is important that you are aware of your legal rights. This is where a family lawyer can help. A lawyer can assist you obtain the best outcome and prevent potentially ongoing and costly legal complications.