Clients are sometimes confused about which Family Law Court is appropriate to hear their case in Melbourne. This is understandable as there are three separate courts on the same street in Melbourne which have jurisdiction on Family Law related issues.
Applying for a Divorce in Melbourne is a fairly quick process and, if handled efficiently, can be completed within three or so months of filing your Divorce Application with the Court in Melbourne.
The State of Victoria previously had the power to make laws concerning couples who were not married, but referred those powers to the Commonwealth Government in 2009.
Whether you are allowed to move out of your current home to a new place depends on a number of factors.
An Australian Court has the jurisdiction to grant a Divorce if you were married outside of Australia, as long as at least one of these pre-conditions apply.
So your spouse has just announced, "It's over!" and you need to find a law firm to help guide you through one of the most stressful situations you are going to face. Where do you start?
Over the past years, there has been a great increase in the number of Court Applications made to the Melbourne Magistrates’ Court for the granting of Intervention Orders under Victoria’s Family Violence legislation.
Watch Out- Social Networks- A Divorce Lawyers Nightmare (or Dream) What you say on FaceBook or Twitter may well end up as evidence in the Family Law Courts!
In the case of Cowley and Mendoza decided in the Family Court of Australia in July 2010, a mother of two young children aged 3 and 5 was refused permission to take those children back to her home-land of Brazil.
Section 61DA of the Family Law Act requires a Court, when making a parenting order in relation to a child, to apply a presumption that it is in the best interests of the child for the child's parents to have equal shared parenting responsibility for the child.
Parentage tests determining the parent of the child may be needed for Family Law matters such as child support payments, custody, access, inheritance and adoption.
The Commonwealth Family Law Act 1975 now applies to both married and de facto couples as well as same-sex couples.
Why is it that some very experienced Family Law Specialists are steering their clients away from the Family Court System?
A list of procedures for the family court.
A direct extract from Family Law Rules- Parts 13.1 and 13.2.