In times of separation, it's easy to become overwhelmed by the emotional stress and overlook what's required to properly apply for a divorce. In this slideshow the experienced Perth divorce lawyers at Havilah Legal outline what you need to know.
The document discusses Australian family law regarding children and property in the event of separation or divorce. It outlines that:
1. Australian family law since 1975 has focused on the best interests of the child, considering their welfare, wellbeing, and developmental needs. Amendments in 2006 and 2011 aimed to encourage shared parenting and protect children from harm.
2. Couples can develop parenting plans through mediation or have courts issue parenting orders outlining child custody and visitation. Consent orders can also be filed if couples agree but have animosity. Non-compliance can result in penalties.
3. Property ownership and division is also addressed, with courts making "just and equitable" distributions considering contributions and needs.
The document discusses divorce requirements and separation under Australian law. Historically, divorce required one party to be at fault but the 1975 Marriage Act established no-fault divorce based on irretrievable breakdown of marriage proven by at least 12 months separation. Separation is defined by courts as a significant change in the overall marital relationship such as not living together or having sexual relations. It is possible to be separated while living under one roof if the intention to separate is communicated and the relationship changed. Attempts at reconciliation within a year do not require restarting the separation period. After filing for divorce, a decree nisi is granted and becomes absolute after one month to finalize the divorce.
After separating, a couple must wait a minimum of 12 months before making an Application for Divorce. The separation period does not need to be continuous – a couple can reconcile for 3 months before restarting the clock on the separation period.
In Arizona, one spouse must reside in the state for at least 90 days prior to filing for divorce. Irretrievable breakdown of the marriage is the only grounds needed for a no-fault divorce, though covenant marriages allow additional grounds like adultery or abandonment. The court will consider factors like child preferences, parental relationships, and domestic abuse when determining child custody and awarding alimony or child support. Property acquired during the marriage is divided equitably, without consideration of misconduct.
The document discusses the legal requirements and definition of marriage in Australia. It outlines that marriage has traditionally been defined in common law as the union of a man and a woman, but that there have been attempts to legislate same-sex marriage in some states and territories. The key requirements that must be met for a marriage to be valid include consent, minimum ages, the exclusion of certain familial relationships, and compliance with ceremonies conducted by authorized celebrants.
The new BC Family Law Act creates several changes to family law, including recognizing common law couples who have lived together for 2+ years, dividing family property and debt, child and spousal support, and rules around relocating with children. It allows protection orders to limit contact between parties if there is a risk of harm from family violence. The court can issue conduct and case management orders to help manage the legal process and encourage dispute resolution.
Seasoned veteran of family law, Leigh Carson of The Carson Law Firm, takes you through the basics of divorce law in St. Louis. Following this guide will help you be sure you start with a strong foundation and can help you save money, time, and frustration. You can learn more at http://thecarsonlawfirm.com/st-louis-divorce-the-basics/
The document discusses Australian family law regarding children and property in the event of separation or divorce. It outlines that:
1. Australian family law since 1975 has focused on the best interests of the child, considering their welfare, wellbeing, and developmental needs. Amendments in 2006 and 2011 aimed to encourage shared parenting and protect children from harm.
2. Couples can develop parenting plans through mediation or have courts issue parenting orders outlining child custody and visitation. Consent orders can also be filed if couples agree but have animosity. Non-compliance can result in penalties.
3. Property ownership and division is also addressed, with courts making "just and equitable" distributions considering contributions and needs.
The document discusses divorce requirements and separation under Australian law. Historically, divorce required one party to be at fault but the 1975 Marriage Act established no-fault divorce based on irretrievable breakdown of marriage proven by at least 12 months separation. Separation is defined by courts as a significant change in the overall marital relationship such as not living together or having sexual relations. It is possible to be separated while living under one roof if the intention to separate is communicated and the relationship changed. Attempts at reconciliation within a year do not require restarting the separation period. After filing for divorce, a decree nisi is granted and becomes absolute after one month to finalize the divorce.
After separating, a couple must wait a minimum of 12 months before making an Application for Divorce. The separation period does not need to be continuous – a couple can reconcile for 3 months before restarting the clock on the separation period.
In Arizona, one spouse must reside in the state for at least 90 days prior to filing for divorce. Irretrievable breakdown of the marriage is the only grounds needed for a no-fault divorce, though covenant marriages allow additional grounds like adultery or abandonment. The court will consider factors like child preferences, parental relationships, and domestic abuse when determining child custody and awarding alimony or child support. Property acquired during the marriage is divided equitably, without consideration of misconduct.
The document discusses the legal requirements and definition of marriage in Australia. It outlines that marriage has traditionally been defined in common law as the union of a man and a woman, but that there have been attempts to legislate same-sex marriage in some states and territories. The key requirements that must be met for a marriage to be valid include consent, minimum ages, the exclusion of certain familial relationships, and compliance with ceremonies conducted by authorized celebrants.
The new BC Family Law Act creates several changes to family law, including recognizing common law couples who have lived together for 2+ years, dividing family property and debt, child and spousal support, and rules around relocating with children. It allows protection orders to limit contact between parties if there is a risk of harm from family violence. The court can issue conduct and case management orders to help manage the legal process and encourage dispute resolution.
Seasoned veteran of family law, Leigh Carson of The Carson Law Firm, takes you through the basics of divorce law in St. Louis. Following this guide will help you be sure you start with a strong foundation and can help you save money, time, and frustration. You can learn more at http://thecarsonlawfirm.com/st-louis-divorce-the-basics/
The Absolute Community of Property is the default property regime in the Philippines whereby all properties acquired by spouses during their marriage are considered jointly owned. It includes all properties owned at the time of marriage or acquired thereafter, unless expressly excluded. Certain properties like those acquired through inheritance or gifts are excluded from the community. The community property is liable for debts incurred for family benefit. It is terminated upon death, legal separation, or annulment of the marriage. Upon termination, the net assets are divided equally between spouses after paying debts and delivering excluded properties.
The document discusses the legal definition and requirements of marriage and family relationships in Australia. It defines marriage as a voluntary union between one man and one woman that creates legal and financial obligations. These obligations include mutual duties of support between spouses, maintenance payments if needed, joint ownership of property, and rules around inheritance for married or de facto couples. The document also outlines the legal requirements for a valid marriage in Australia according to the Marriage Act 1961.
http://www.the-divorce-solicitors.co.uk
If your marriage has broken down before the mark of one year in which you can file for Divorce, then you may want to consider Judicial Separation. This presentation will provide you with more information on Judicial Separation; if you qualify, how to go about it and what it means for you.
For more information, visit our website:
http://www.the-divorce-solicitors.co.uk
It's quite difficult to understand the divorce procedure in India, so here we have given all the detail about the divorce process. This document is prepared in a generic aspect and only for a basic understanding about the divorce procedure in India, the facts mentioned here may vary from case to case. Please visit a divorce lawyer to get the right information.More details are available from http://www.pathlegal.in/legal_services/divorce/divorceprocedureinindia.php
Sari Friedman Lawyer - Brief Introduction and Explanation about Famiy Laws Sari Friedman & Friedman
Sari Friedman Lawyer has published many articles on divorce law, family law matters and achieved many awards. Family law matters include divorce cases, child custody, adoption, etc.. Some relations need legal identities like marriage and adoption. We require a proper legal papers as a proof for these relations. Family law expert and divorce expert Sari Friedman Lawyer are explaining the procedures that we need to follow in divorce cases.
This document discusses annulments, including:
- The nature and purpose of annulments is to declare a marriage null and void from the beginning for failing to meet legal requirements.
- Key differences between annulments and divorces are that annulments claim the marriage never validly existed, while divorces acknowledge the marriage existed but is now being terminated.
- Common grounds for annulment include lack of capacity to marry, prior existing marriage, fraud, and duress.
Going through a divorce can be very stressful and emotional and the financial side can cause a lot of friction in the process. Here we present some of the common financial questions around divorce and offer some advice on how to tackle them.
How to Get a Divorce in Ireland-Divorce Law in Ireland OverviewTerry Gorry
This document provides an overview of divorce law and procedures in Ireland. It explains that divorce is granted by the Circuit Court or High Court under the Family Law (Divorce) Act of 1996 if the couple has lived apart for 4 of the past 5 years and there is no prospect for reconciliation. Grounds for divorce do not consider fault. The document outlines the divorce application process, requirements for affidavits of means and welfare, defenses, trials, and effects of a divorce decree in Ireland.
progressive law firm providing high quality legal services in Family law Criminal law Court Appearances Mining law Native Title law, Native Title Heritage Law
progressive law firm providing high quality legal services in Family law Criminal law Court
Appearances Mining law Native Title law, Native Title Heritage Law
Progressive law firm providing high quality legal services in Family law Criminal law Court Appearances Mining law Native Title law, Native Title Heritage Law.
progressive law firm providing high-quality legal services in Family law Criminal law Court Appearances Mining law Native Title law, Native Title Heritage Law
Annulment of Marriage Laws in India,Annulment or Nullity of Marriage,deference between annulment and divorce,annulment of marriage under Hindu Marriage Act 1955.
progressive law firm providing high quality legal services in Family law Criminal law Court Appearances Mining law Native Title law, Native Title Heritage Law.
Family law deals with the laws that have to do with marriage and domestic relationships. An attorney that specializes in these areas of the law is called a Family Lawyer.
This document provides information about divorce procedures in Arizona. It contains the following key points:
1) It explains that divorce is called "dissolution of marriage" in Arizona and involves legally ending the marriage through the court system, which can also divide property, debts, alimony, child custody, parenting time and child support.
2) It details the initial steps to file for divorce, including filing a Petition with the court in the county of residence and serving the other spouse with a Summons notifying them of the case.
3) It provides answers to frequently asked questions about Arizona divorce laws and procedures, such as how property and debts are divided, the required waiting period before a divorce can be final
Whether traveling for business or personal reasons, it's best to always be prepared with a few common phrases in the native language. Here are some of the most common Mandarin Chinese phrases to help you navigate through a business meeting, dinner or even an international phone call.
Trabalho de educação física corrida de estadioMárcia Barnabe
1) O documento discute o esporte do atletismo no programa paralímpico desde 1960, incluindo corridas, saltos e lançamentos divididos por categoria de deficiência.
2) As regras da corrida de revezamento no estádio incluem quatro corredores por equipe que se passam um bastão em uma zona de troca.
3) A história da corrida no estádio no Brasil desde o primeiro campeonato sul-americano em 1919 até a fundação da Confederação Brasileira de Atletismo em 1977.
The Absolute Community of Property is the default property regime in the Philippines whereby all properties acquired by spouses during their marriage are considered jointly owned. It includes all properties owned at the time of marriage or acquired thereafter, unless expressly excluded. Certain properties like those acquired through inheritance or gifts are excluded from the community. The community property is liable for debts incurred for family benefit. It is terminated upon death, legal separation, or annulment of the marriage. Upon termination, the net assets are divided equally between spouses after paying debts and delivering excluded properties.
The document discusses the legal definition and requirements of marriage and family relationships in Australia. It defines marriage as a voluntary union between one man and one woman that creates legal and financial obligations. These obligations include mutual duties of support between spouses, maintenance payments if needed, joint ownership of property, and rules around inheritance for married or de facto couples. The document also outlines the legal requirements for a valid marriage in Australia according to the Marriage Act 1961.
http://www.the-divorce-solicitors.co.uk
If your marriage has broken down before the mark of one year in which you can file for Divorce, then you may want to consider Judicial Separation. This presentation will provide you with more information on Judicial Separation; if you qualify, how to go about it and what it means for you.
For more information, visit our website:
http://www.the-divorce-solicitors.co.uk
It's quite difficult to understand the divorce procedure in India, so here we have given all the detail about the divorce process. This document is prepared in a generic aspect and only for a basic understanding about the divorce procedure in India, the facts mentioned here may vary from case to case. Please visit a divorce lawyer to get the right information.More details are available from http://www.pathlegal.in/legal_services/divorce/divorceprocedureinindia.php
Sari Friedman Lawyer - Brief Introduction and Explanation about Famiy Laws Sari Friedman & Friedman
Sari Friedman Lawyer has published many articles on divorce law, family law matters and achieved many awards. Family law matters include divorce cases, child custody, adoption, etc.. Some relations need legal identities like marriage and adoption. We require a proper legal papers as a proof for these relations. Family law expert and divorce expert Sari Friedman Lawyer are explaining the procedures that we need to follow in divorce cases.
This document discusses annulments, including:
- The nature and purpose of annulments is to declare a marriage null and void from the beginning for failing to meet legal requirements.
- Key differences between annulments and divorces are that annulments claim the marriage never validly existed, while divorces acknowledge the marriage existed but is now being terminated.
- Common grounds for annulment include lack of capacity to marry, prior existing marriage, fraud, and duress.
Going through a divorce can be very stressful and emotional and the financial side can cause a lot of friction in the process. Here we present some of the common financial questions around divorce and offer some advice on how to tackle them.
How to Get a Divorce in Ireland-Divorce Law in Ireland OverviewTerry Gorry
This document provides an overview of divorce law and procedures in Ireland. It explains that divorce is granted by the Circuit Court or High Court under the Family Law (Divorce) Act of 1996 if the couple has lived apart for 4 of the past 5 years and there is no prospect for reconciliation. Grounds for divorce do not consider fault. The document outlines the divorce application process, requirements for affidavits of means and welfare, defenses, trials, and effects of a divorce decree in Ireland.
progressive law firm providing high quality legal services in Family law Criminal law Court Appearances Mining law Native Title law, Native Title Heritage Law
progressive law firm providing high quality legal services in Family law Criminal law Court
Appearances Mining law Native Title law, Native Title Heritage Law
Progressive law firm providing high quality legal services in Family law Criminal law Court Appearances Mining law Native Title law, Native Title Heritage Law.
progressive law firm providing high-quality legal services in Family law Criminal law Court Appearances Mining law Native Title law, Native Title Heritage Law
Annulment of Marriage Laws in India,Annulment or Nullity of Marriage,deference between annulment and divorce,annulment of marriage under Hindu Marriage Act 1955.
progressive law firm providing high quality legal services in Family law Criminal law Court Appearances Mining law Native Title law, Native Title Heritage Law.
Family law deals with the laws that have to do with marriage and domestic relationships. An attorney that specializes in these areas of the law is called a Family Lawyer.
This document provides information about divorce procedures in Arizona. It contains the following key points:
1) It explains that divorce is called "dissolution of marriage" in Arizona and involves legally ending the marriage through the court system, which can also divide property, debts, alimony, child custody, parenting time and child support.
2) It details the initial steps to file for divorce, including filing a Petition with the court in the county of residence and serving the other spouse with a Summons notifying them of the case.
3) It provides answers to frequently asked questions about Arizona divorce laws and procedures, such as how property and debts are divided, the required waiting period before a divorce can be final
Whether traveling for business or personal reasons, it's best to always be prepared with a few common phrases in the native language. Here are some of the most common Mandarin Chinese phrases to help you navigate through a business meeting, dinner or even an international phone call.
Trabalho de educação física corrida de estadioMárcia Barnabe
1) O documento discute o esporte do atletismo no programa paralímpico desde 1960, incluindo corridas, saltos e lançamentos divididos por categoria de deficiência.
2) As regras da corrida de revezamento no estádio incluem quatro corredores por equipe que se passam um bastão em uma zona de troca.
3) A história da corrida no estádio no Brasil desde o primeiro campeonato sul-americano em 1919 até a fundação da Confederação Brasileira de Atletismo em 1977.
The document discusses the roles of a financial advisor. It argues that advisors should not see their role as predicting market movements, as truly knowing the future is impossible. Instead, it outlines seven important roles advisors can play: 1) expert on personal finances and strategies, 2) independent voice, 3) listener to clients, 4) teacher of financial concepts, 5) architect of long-term wealth plans, 6) coach to reinforce principles, and 7) guardian scanning for issues impacting clients. The value advisors provide is in building long-term relationships based on trust, independence, and understanding each client's unique needs and circumstances.
Search retargeting uses search data to deliver relevant display ads to users as they browse the web. It works by tracking a user's search queries and serving them ads based on those interests. This provides high reach since search is so frequently used, and takes advantage of search queries as a strong signal of intent. Search retargeting allows targeting ads to users at the keyword level for better performance and insights than traditional display advertising. It benefits both search marketers by reaching more searchers cost effectively, and brand marketers by building custom segments and optimizing audiences.
This document discusses the anatomy and imaging of the scrotum. It begins with the anatomy of the scrotum, testis, epididymis and spermatic cord. It then covers imaging modalities used including ultrasound and MRI techniques and protocols. Common pathological conditions are summarized such as infections, trauma, tumors and congenital anomalies. Specific conditions like torsion, epididymitis and testicular cancer are described in detail with imaging findings.
Vilentm Joint-Stock Company promotes the use of structural steel over concrete for high-rise buildings. Structural steel provides advantages like earlier occupation, risk reduction, and cost effectiveness compared to concrete construction. Vilentm is a certified builder that sources structural steel fabricated by Zamil Steel, which has factories in Vietnam and Saudi Arabia with advanced technology and professional operations. The document provides examples of structural steel solutions and applications for high-rise buildings and experienced projects in Southeast Asia.
If a marriage breaks down, a husband and wife may legally end their relationship by obtaining a divorce.
One of the primary objectives of the HWLS Human Rights Law Clinic is to help the general public to understand how the law works and how it can protect average person.
In our first "Know The Law" video, we explain the basics of how a divorce can be obtained in Trinidad and Tobago.
The law on this area is set-out in the Matrimonial Proceedings and Property Act Chap 45:51.
A divorce petition cannot be presented until one year of marriage has passed, unless there are extreme circumstances.
This information is not intended to give legal advice. If you have a legal problem or require legal advise, please consult with an attorney-at-law.
Property settlement is quite complex and stressful after divorce or separation. If you are in trouble regarding how to divide your income, financial resources and debts between you and your former spouse, see us and get cost-effective solution through experienced family lawyers.
The document discusses void and voidable marriages under UK law. It explains that a void marriage is considered to have never validly occurred, while a voidable marriage is valid until annulled by a court. The document analyzes several grounds for annulment (voidable) including non-consummation, mental incapacity at the time of marriage, and pregnancy by another man. It then considers how the analysis would differ for a same-sex civil partnership given recent legal changes allowing same-sex marriage in the UK.
This document provides information about court marriages in Delhi, India. It discusses that a court marriage, also known as a civil marriage, is a legal union solemnized by a government official without religious ceremonies. It is a popular choice for inter-caste or inter-religious couples and those who want a legally valid marriage without religious customs. The document outlines the eligibility requirements, procedure, required documents, and advantages of court marriages in Delhi, such as having no religious customs, being legally valid, suitable for inter-caste/inter-religious couples, and being simple and cost-effective.
The document provides information on the differences between judicial separation and divorce under Hindu law and the Special Marriage Act, including grounds and processes for each. It can be summarized as follows:
1) Judicial separation suspends conjugal rights between parties for some time, allowing living apart, while divorce fully dissolves the marriage allowing parties to remarry.
2) Grounds for judicial separation and divorce are largely the same, including adultery, cruelty, desertion, religious conversion, and illness. Additional grounds apply to wives.
3) While judicial separation aims to potentially reunite parties, divorce permanently ends the marriage relationship and frees parties to remarry under law.
A divorce legally ends a marriage and has two stages - an Interim Judgment which ends the marriage but does not settle ancillary matters like children and property, and a second stage to settle these issues. You can apply for divorce in Singapore's Family Justice Courts if you or your spouse has lived in Singapore for 3+ years or is a citizen, and the marriage has irretrievably broken down due to adultery, intolerable behavior, desertion for 2+ years, or separation for 3-4+ years depending on spouse agreement. To apply, file divorce papers and pay fees, with one spouse as plaintiff and the other as defendant. The process is more complex if the spouse cannot be found.
This presentation, delivered as part of the ICABC Professional Development Program, looks at what accountants need to know about family legislation in B.C. to better serve their clients. Considering options available in reaching a settlement when a marriage or common-law relationship comes to an end, the presentation takes a look at how business and family assets are defined and the income tax issues that may arise from asset division. Dispute resolution options and cooperative approaches available under the Family Law Act are also explored.
Here is a sample Living Will form that you can use as a starting point if you choose to draft your own Living Will without an attorney:
Living Will Declaration
I, [name], being of sound mind, willfully and voluntarily make known my desire that my dying not be artificially prolonged under the circumstances set forth below.
If at any time I should have an incurable and irreversible condition that, without the administration of life-sustaining procedures, will, in the opinion of my attending physician, cause my death within a relatively short time and I am no longer able to make decisions regarding my medical treatment, I direct that treatment be withheld or withdrawn and that I be permitted to die naturally with only the administration
Faq about divorce in the uae personal statusCateSusen
Divorce has legal implications that require many procedures, in addition to other issues that are governed by Federal Law No. (28) of 2005 regarding personal status in the UAE (the Personal Status Law).
The Personal Status Law defines divorce as the dissolution of the legitimate marriage contract and indicated that a divorce is a legitimate act, whether it is verbally or in writing, or it is understood by a clear signal in the event of a disability.
The document provides information for fathers seeking to legitimate a child born out of wedlock in Henry County, Georgia. It explains that legitimation establishes the father's legal rights and responsibilities to the child. The packet details the legitimation process, including forms needed, where to file, potential costs, serving notice to the mother and any other necessary parties, and attending mandatory mediation if the case is contested. The length of the process depends on factors such as whether publication or personal service of the mother is required, and if custody is also being sought.
Important family law terminologies that you must knowAlen Carie
If you are in such a situation where you need to take assistance of an attorney for separation, then you must know few terminologies before you apply for divorce. It would be easy for you to find out what is going on in your case.
Law Offices of Huey & Gamble, LLP
Website: http://www.hueyandgamble.com/
Advocate Parth Raval is a renowned divorce advocate in Ahmedabad. Our team of professionals will provide you with the best legal advice and assistance for matters related to matrimonial disputes, alimony, and child custody battles.
The document discusses various topics related to marriage, divorce, and annulment. It provides information on:
- Common reasons people get married and the legal aspects of marriage
- Celebrities' prenuptial agreements, including specific details on Tom Cruise and Katie Holmes, Denise Richards and Charlie Sheen, and Khloe Kardashian and Lamar Odom's prenups
- Grounds for annulment such as fraud, coercion, mental incapacity, and physical incapacity
- Divorce statistics including rates of divorce for first, second, and third marriages
- Factors considered in property division and alimony decisions during a divorce
This document provides information about parenting, de facto relationships, and estate planning from the law firm DTL. It discusses who is considered a legal parent under the law, including donors using assisted reproductive technology. It also outlines what constitutes a de facto relationship and factors considered by courts, and covers property division for de facto couples. Finally, it discusses wills, powers of attorney, guardianship, and evidencing relationships to properly manage finances and medical decisions.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
1. How to Apply for a Divorce
Everything You Will Need
Presented by Perth’s experienced Family Lawyers - Havilah Legal
2. The Basics to
Applying for a
Divorce
Divorce in Australia is governed by
the Family Law Act 1975, and an
application for a divorce under the
Act is made to the Family Court.
The court will only consider an
application for divorce if one of the
parties has a connection with
Australia through residence, birth or
citizenship.
Understanding Australian Divorce Law
3. The Basics to
Applying for a
Divorce
Understanding Australian Divorce Law
The husband and wife can apply
together for a divorce in a joint
application, or one of the parties can
apply alone.
This is known as a sole application.
4. No- Fault Divorce
The Family Law Act established the
principle of no-fault divorce in
Australian law. This means that a
court does not consider why the
marriage ended.
There is only one ground for divorce -
that the marriage has broken down
irretrievably and the parties are
unlikely to get back together or
reconcile.
5. What Proof of
Separation is
Needed?
In a no-fault divorce, there is no need
to prove that one party is at fault.
However, the Family Court does need
proof that the parties have separated
and have lived apart for a continuous
period of at least 12 months
immediately before the application
for divorce is filed, and that they will
not be reconciled.
6. What Proof of
Separation is
Needed?
Continued
Even if the parties are living in the
same house but live separate lives
under the same roof, they can still
apply for a divorce and meet the
requirements for the 12 month
separation.
7. What Proof of
Separation is
Needed?
They will, however, need to prove
that they have in fact separated.
This can be done by making a sworn
statement, known as an affidavit, to
the effect that the parties are indeed
separated even though they may live
under the same roof. This will need
to be verified by an independent
person swearing a second affidavit to
that effect.
Continued
8. What Proof of
Separation is
Needed?
Continued
Such an affidavit would contain
information that, by way of example,
the couple:
● Sleep in separate bedrooms
● Have ceased sexual activity
● Hold separate bank accounts
● Act in such a way that people
they know (friends and family)
can see that they are separated
● They don’t go out or attend
social functions together.
9. Short Marriages
If the marriage is less than two years
it is called a “short marriage”.
The two year period is calculated
from the date of the marriage to the
date of the divorce application to the
Family Court.
10. Short Marriages
Continued
Before they can apply for a divorce,
parties to a short marriage are
required to attend formal professional
counselling to determine if there is
any chance of reconciliation.
The counsellor must issue a
certificate which has to be lodged
with the application for the divorce
before the Family Court will grant a
divorce to parties to a short marriage.
11. Opposing an
Application for
Divorce
If the couple have been separated for
more than 12 months, there are few
opportunities to oppose a divorce
application.
However it can be opposed if a party
alleges that there has not been 12
months separation as alleged in the
application, or the court does not
have the right to consider the
application, e.g. if neither of the
parties has any connection with
Australia.
12. Do The Couple
Have to Attend
Court?
If there is no child of the marriage
under 18 or if the parties have made a
joint application for divorce, they
are not required to attend the court
hearing.
However if a party has made a sole
application and there is a child of the
marriage under 18, the applicant is
required to attend the court hearing
unless circumstances prevent them
from attending, in which case, other
arrangements need to be made with
the court.
13. Do The Couple
Have to Attend
Court?
In all cases however if there are
children under 18, the court needs to
be satisfied that appropriate
arrangements have been made for
them (see below). The divorce order
takes effect one month and one day
after the divorce is granted by the
court.
14. Children, Property
and Maintenance
The granting of a divorce does
not decide issues relating to property
and maintenance or parenting
arrangements for children of the
marriage.
However the court needs to be
satisfied that appropriate
arrangements have been made for
children under 18.
15. Children, Property
and Maintenance
Continued
Generally it is sufficient to advise the
court of current arrangements and
what is proposed for the future,
whether by negotiating an
arrangement or seeking an order from
the court if the couple cannot agree.
16. Children, Property
and Maintenance
Continued
If the parties want to make
arrangements about property and
maintenance, they can make an
agreement and file it with the court,
or seek orders from a court if they
cannot reach agreement.
This should be done within 12
months of the divorce.
17. Want to Find Out More?
For more information visit federalcircuitcourt.gov.au or contact our experienced Perth
divorce lawyers today.
Presented by Perth’s experienced Family Lawyers - Havilah Legal