Articles

What is an Initiating Application?

Family Court proceedings are commenced by using an Initiating Application form. An Initiating Application contains details of your matter including the interim and final Orders that you are seeking. Important Disclaimer ...

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Can the Court make Orders in relation to property and children on an urgent basis?

Yes, the Court can make interim Orders in relation to property and children's matters at any time. An interim Order is an Order made before the final determination of an Initiating Application. For example, a party may apply to the Court for an interim Order to decide where a child lives until such time as a final hearing. Other examp...

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If I don't have access to any funds, can I obtain a partial property settlement?

Parties can have a partial property settlement by agreement. This may be appropriate in circumstances where parties are in need of funds and are still in the process of negotiating a settlement or parties have applied to the Court and a final hearing is not for a considerable amount of time. If one of the parties is not willing to agree t...

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Can I apply for Spousal Maintenance if I was in a de facto relationship?

Yes. If your de facto relationship can be classified as a de facto relationship under the Family Law Act, and you meet the requirements for Spousal Maintenance under the Act, you may be entitled to Spousal Maintenance. Important Disclaimer ...

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How long do I have to be living with someone before I am classified as their de facto partner?

Most people presume that unless you have lived together for 2 years you are not a de facto couple. This is not true. Living together is only 1 of 9 factors the Court considers when determining whether parties have been in a de facto relationship. Other factors include, the length of cohabitation, if the parties are registered as a de facto co...

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