My ex-partner has a substance abuse problem and/or mental illness, can I apply for full custody of our children?

There is no simple answer to this question. The Court looks at a variety of issues, including:1.    Type and severity of your ex-partner’s mental illness and/or substance abuse problem.2.    Whether your ex-partner is under the care of medical professionals and whether or not s/he is following the care plan, including taking prescribed medication.3.    Whether or not your ex-partner has ever behaved in...

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I want a divorce but I don’t know where my husband/wife is.

In Australia, you do not need the consent of your husband or wife to obtain a divorce. To obtain a divorce order you need to prove:1.    You and your spouse are married.2.    You and your spouse have been separated for at least 12 months.3.    There are adequate care arrangements in place for any children of the marriage.4.    If you and your spouse were married for less than 2 years at...

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What to do if you’ve repartnered prior to having settled your property matters with your previous spouse.

For a variety of reasons separated spouses often do not fully settle their property matters immediately after separation. Separated spouses frequently remain as joint tenants of the former matrimonial home in an effort minimise the upheaval for their children. Separated spouses also often remain joint debtors on mortgages, credit cards and other loans as they may not have the ability to refinance or discharge the debts.The impetus to fully separate...

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Do I need a prenuptial agreement?

Prenuptial agreements are often mentioned when high profile couples marry or separate.Prenuptial agreements are fairly new to Australia. They are a type of Binding Financial Agreement (BFA), which came into existence in 2010 when the Family Law Act 1975 was amended to allow parties to enter into private agreements about their property matters.You should consider entering into a BFA with your partner if:·        ...

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What to do if you’re recently separated and there are assets in your partner’s name only.

Properties are often registered in the name of one spouse for asset protection or tax reasons. Often, properties owned by one spouse prior to the parties entering into a relationship stays in that spouse’s name and are not transferred into joint names. That spouse may even consider those properties to be theirs only.The mere fact that a property is registered in the name of one party does not mean it is immune from being divided with the other...

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Separating from your spouse ... who will get the kids?

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