- Family, Immigration & Property Lawyers | E: info@nadeemlawyers.com.au
Family and divorce matter can be a tough ordeal for anyone. We feel these cases require compassion and care. We like to take care of the legal side of things, giving you more time to spend with family and friends. Our personal and practical service is tailored made for you.
If you have separated, or are thinking of separating, our experienced family lawyers can advise you about your rights and entitlements in family law. We give you practical advice in a way that gives you a real understanding, and how to work towards the best solution.
In Australia, only married couples can apply to the Court for a divorce as there is no formal process for de facto partners. It’s processed by the Federal Circuit Court of Australia.
To grant a divorce, the Court confirms the following with the parties
These applications can be made jointly, or by one person as the applicant and the other as the respondent.
Parenting agreements and parenting orders can define the parents’ responsibilities surrounding:
When the Court makes orders concerning children it must always consider the ‘best interests of the child’ pursuant to section 60CA of the Family Law Act 1975. In doing so, the Court is to presume, as a starting point, that it is in the best interests of a child for the parents to have equal shared parental responsibility.
If you need guidance or advice in putting together a parenting agreement with your partner or if you want more information on applying to the Court for parenting orders, get in touch with Nadeem Lawyers in NSW. We have extensive experience in all aspects of family law and can help guide you through this process to make it simple and help minimise your stress!
If you wish to make an application for parenting orders, we highly recommended that you obtain legal advice. People are often unaware of their rights and responsibilities when it comes to their child and custody, and a lawyer is essential to help you understand these rights and to guide you through the process. They are able to explain the law and apply it to your case, so you know what to expect and are not met with surprises. Parenting agreements & parenting plans
A financial agreement outlines the parties’ agreement about their financial arrangements. Financial Agreements are intended to avoid the need for the parties to go to court in relation to their property matters. Couples can enter into a financial agreement before marriage or the commencement of cohabitation, during their relationship or after separation or divorce.
If you cannot find any other option, you can apply for a property and financial orders.
There are three categories:
If you are married, you can apply at any time before the divorce, or within 12 months following your divorce. If there are good reasons as to why you were unable to make an application within the 12 month period following the Divorce, the Court can extend the 12-month limit.
De-facto and same-sex couples must file their application within two years of their relationship ending. Again, if two years have elapsed, you must seek permission from the Court to apply and provide solid reasons as to why it was not filed within time.
If you believe you may be out of time, contact Nadeem Lawyers.
Family and divorce matter can be a tough ordeal for anyone. We feel these cases require compassion and care. We like to take care of the legal side of things, giving you more time to spend with family and friends. Our personal and practical service is tailored made for you.
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