faily law issues | Wentworth Law 웬트워스법무

Family Law issues - Divorce, property & finance and Children

Our experienced family lawyers guide you through difficult times.

Address: Martin Place

Level 10, 20 Martin Place Sydney NSW 2000

T: 1300 140 291 / E: admin@wentworthlaw.com.au

Frequently appeared situations in family law dispute

Have received the court documents for divorce and other issues applied by spouse

Have agreed about arrangements for

child

cannot agreed on about dividing property and finances

Have agreed on about dividing property and finances,

cannot agree about the arrangements for children

The Family Law Act 1975

Divorce and separation
Financial and property
Children & Parental

Criteria for a Divorce Application

Divorce and separation

Financial and property

Our experienced family lawyer guide you through this difficult and stressful times.

Address: Level 10, 20 Martin Place Sydney NSW 2000

T: 1300 140 291 / admin@wentworthlaw.com.au

Grounds For Divorce

Fault need not be proved by an applicant to be entitled to a divorce in Australia. It can be granted once the applicant proves that the marriage broke down irretrievably and that the parties have been separated for a period of 12 months with no reasonable likelihood of resuming cohabitation. When the parties involved have children under the age of 18 years, the court needs to be satisfied that proper arrangements have been made for their welfare.

In situations where parties have been separated but continue to live under the same roof, the court requires evidence by way of affidavit. Here, such parties need to provide evidence of change in domestic arrangements since separation.

Although rarely applied, the two main grounds for opposing an application for divorce are:

No 12 months separation as alleged in the application; or
The court does not have jurisdiction.

How does the Court decide financial cases for property settlement or maintenance arising out of a marriage or a de facto relationship ?

No formula or percentage applies to all cases and used to divide your property and finance cases

Work out what property there is and the value of the property.
Decide if there should be a property settlement.
Look at the contributions each person has made (this includes, financial, non-financial, homemaker and parent contributions).
Consider the future needs and circumstances of each person (this includes, age, health, income, earning capacity, care of children, etc.).
Make orders that are just and equitable for both parties.

The decision is made after all the evidence is heard and the judicial officer decides what is just and equitable (fair according to the law) based on the unique facts of your case.

The Family Law Act 1975 sets out the general principles that the Court considers when deciding property settlement cases (see sections 79(4) and 75(2) about marriages, and sections 90SM(4) and 90SF(3) about de facto relationships).

The general principles are the same, regardless of whether the parties were in a marriage or a de facto relationship, and are based on:

the assets and liabilities of you and the other party individually and jointly (i.e. what you own, and what you owe), and what they are worth
direct financial contributions by each party, such as property you each had when you began to live together, and your wage and salary earnings while you lived together
indirect financial contributions by each party, such as gifts and inheritances from family members
non-financial contributions to property, such as renovations to a home, management of investments, or running a business
contributions to the welfare of the family, such as caring for children and doing housework, and
each party’s future needs – a court will take into account things like age, health, financial resources, care of children and ability to earn.

The way your assets and debts will be shared between you will depend on the individual circumstances of your family. Your settlement will probably be different from others you may have heard about.

The Best interest of the child is everything and paramount.

Parenting arrangements for the best interest of your child.

Your child continues with a loving and meaningful relationship with both parents
both parents continue to share responsibility for the child
Safe environment with no violence or abuse to your child.

How a court determines what is in a child’s best interests

A court determines what is in a child’s best interests by considering a range of factors that are relevant to the child’s welfare and circumstances. These factors are set out in section 60CC of the Family Law Act 1975, which is the main legislation that governs family law matters in Australia

The primary considerations in determining a child's best interest in their future

The benefit to the child of having a meaningful relationship with both parents and
The need to protect the child from harm, abuse, neglect, or family violence
greater weight to the need to protect the child from harm.
The extent to which each parent has participated in making decisions, spending time, and communicating with the child, and fulfilled their obligations to maintain the child.
The likely effect of any changes in the child’s circumstances, such as separation from a parent or a sibling.
The practical difficulty and expense of the child spending time and communicating with a parent and how it affects the child’s right to contact with both parents.
The capacity of each parent and other persons to provide for the child’s needs, including emotional and intellectual needs.
The maturity, sex, lifestyle, and background of the child and the parents, and any other characteristics of the child that the court thinks are relevant.

Children and parental

Our family law team guides you through difficult and stressful times.