What Happens To My Children After Separation?

This is a question often asked by newly seperated Mums and Dads.  Parental responsibility refers to all the duties, powers, responsibilities and authorities which parents have in relation to children. We will try to explain Parental Responsibility in this blog to start the process of understanding.

Changing Parenting Orders Explained

Changing Final Parenting Orders and the rule in Rice v Asplund (1979)

Final Parenting Orders are Orders that outline the arrangements for a child or children on a final basis. These Orders can be made by the Court after a hearing or by consent if the parties can agree on terms.

Do You Want to Change a Child’s Name

When both parents agree, changing a child’s name is a simple matter of registering an application with the proper agency. However, when parents do not agree about changing a child’s name, a court order may be required. It is presumed that parents have equal shared parental responsibility for a child.

Can I Take My Child Overseas After Separation?

Travelling overseas with children after a separation may raise several concerns. Dealing with them such concerns early can save both time and money. Taking a child on international travel without the permission of the other parent can be considered to be parental child abduction.

Who Gets The Family Home After Separation

Many people have the mistaken belief that, at the end of a relationship, the property is supposed to be divided between the parties on a 50/50 basis. This is not the case. Under the Family Law of Australia, the Court has a wide discretion in deciding the property settlement entitlements of each party in the event of separation after a marriage or a de facto relationship has broken down.

After Divorce Can I Change My Childs Name

When both parents agree, changing a child’s name is a simple matter of registering an application with the proper agency. However, when parents do not agree about changing a child’s name, a court order may be required.

How Long Does A Divorce Take

In comparison to many legal jurisdictions around the world, Australia has a relatively simply process for getting divorced. For most applications, you will not even need to appear in person for the divorce to be granted. There are several factors that go into determining how long a divorce will take.

Parenting Plan Versus Parenting Consent Orders

One of the most common questions that we receive regarding parenting matters, is whether the parties should formalise their arrangements through a parenting plan or using parenting consent orders. Each approach has advantages and disadvantages and may be appropriate or inappropriate depending on the circumstances of each matter.

What Happens To My Super After Separation

Superannuation can easily be overlooked when thinking about separation.  Is my superannuation going to be included as part of the property pool and if so, how much will I get to keep versus having to pay to my partner/spouse?  These questions can often be extremely daunting, so in this blog, we look at what happens to your Superannuation when you separate or divorce.

Enforcing Parenting Plans

A common question asked by parents afer divorce is what is a parenting plan? A parenting plan is an agreement that parents into to articulate whom will be responsible for the day-to-day issues as well as the long terms decisions for their children. It is typically done when the relationship has irretrievably broken down.

What To Expect From Mediation

Family mediation is a process by which separating families can reach agreements about the care of children and the split of property without the need for litigation. It is compulsory in Australia to attempt to resolve family matters in Family Mediation before applying to Court for orders.

Same Sex Family And Family Law

In 2017 Australia finally amended its legislation to allow same sex couples to enter into Marriage. With this change same sex couples now find the legal circumstances of their relationships have evolved. So then how has the law as it applies to same sex relationships changed, and what are your rights now?

How Much Does It Cost to Get A Divorce

Divorce applications can be an expensive exercise. The Family Court and Federal Circuit Court fees to file a divorce application at the time of writing this blog are $910.00. For many people, this cost can be a barrier to applying for divorce. The courts however may offer a discounted fee under certain conditions.

Custody – Divorce

For many years’ parents have fought to have custody of their child after separation or divorce. As the law has evolved, the term “custody” fell out of use as it had connotations of ownership of the child.

What is a Power of Attorney

A Power of Attorney is a legal document which gives authority to another person (known as the attorney) to make certain financial decisions and sign certain documents on behalf of the donor.

Powers of attorney can grant extremely wide and discretionary powers to the attorney.

Parenting Orders

You may be asking the question……How to Apply for a Parenting Order after I have separated?

You may also be asking ……. What Happens with the Children When you Separate?

Interim And Final Orders In The Federal Circuit Court

If you do have a matter that ends up in the Federal Circuit Court or Family Court, you will have to specify the Orders you would like the Court to make before you get there. You cannot simply
go to Court and ask the Court to “fix” things for you. You have to tell the Court what it is that you want it to do and the orders you want it to make.

Superannuation Split

Oftentimes, an agreement for the division of property between spouses also involves the division of superannuation. This is because the significant assets in a marriage or a relationship are typically real property and superannuation.

The Trustee of the Superannuation Fund has certain requirements as does the Family Court when attempting to affect such a split.

An effective split can be achieved via a Binding Financial Agreement, Consent or Court Orders.
If your superannuation is to be split, a valuation should be obtained through your superfund, whether it is Q Super, Macquarie, SunSuper or an Industry Super Fund. Most superfunds charge a fee for this information.

Along with providing a fee if required, you or your spouse (including a de-facto spouse) are required to lodge an SIF Form 6 to the Superfund which A.L.F Lawyers can assist with.

Most people are not aware that your spouse is entitled to request information on your superannuation without your knowledge or consent. However, both parties have a duty to disclose this information as superannuation is considered a potential matrimonial asset.

A.L.F. Lawyers understands the process involved and will assist in the preparation of any documentation involved.

If you enjoyed reading this article take a second to subscribe to our reading room and you will be advised when our Lawyers publish a new article.  All of our articles are Free of charge and intended to cover day to day topics that effect regular people. You can unsubscribe at anytime if you change your mind.