If an application for divorce has been made and it is not a joint application, the Applicant is required to serve a sealed copy of the application on the respondent. Service can be made either by way of personal service or through the post. When the respondent cannot be located to enable service to [...]
One parents wish to take a child overseas for a holiday can cause a lot of concern for the non-travelling parent, if open discussions have not occurred. Disagreements often arise about how much notice should be provided by the travelling parent and what countries the child should be permitted to travel to.If the parents [...]
Q: When is the Right Time to See a Solicitor? A: You should always speak to a Family Law Solicitor as early as possible. If you are thinking that you may separate from your partner, it is a good idea to book an initial consultation to discuss your rights and obligations, as well as [...]
No. The Family Court will not be drawn into such abstract analysis, just as it will not be drawn on which school is better. Understandably these types of Court Applications are common place at the end of any given year, particularly when a child is about to commence schooling early the following year. Parents [...]
Separated parents are often faced with a situation where the other parent wishes to travel overseas with the child for the purposes of a holiday or visiting extended family. This can make the non-travelling parent anxious about the safety of the child during the period of travel, whether the child will be returned to [...]
In a recent interim hearing regarding parenting arrangements, the father took the unusual approach of seeking an order that his 12 year old daughter attend a boarding school. The existing arrangement had been that the child 'spend time' with her father 2 evenings a week, one day each weekend and during the school holiday [...]
Once a Court Order is made (either at an Interim or Final Hearing) if one of the parties is dissatisfied with the decision, they can Appeal, and try and set aside the decision. An Appeal is not a rehearing of the matter (not hearing all the evidence again) but it requires the Appeal Court to [...]
It is important to be aware of the effect of relationships upon a Will, particularly whether the relationship is a marriage or a de facto relationship. Marriage revokes a Will, unless the Will is made in contemplation of marriage, but the commencement of a de facto relationship has no such impact on a Will. Divorce [...]
A divorce is legally defined as a dissolving of a marriage. The legal requirement for a divorce is 12 months separation. A nullity of a marriage, is totally different. A nullity is an Order of the Court that a marriage never existed. Court Orders for nullity of a marriage are rare as there are [...]
Q: I have been served with an Application for a Divorce. Can I oppose it? A: The only ground for a divorce is that the marriage has 'irretrievably broken down'. The evidence of this is 12 months separation. The only way then to stop a divorce being granted, is to show the court that there [...]
