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Why is Alternative Dispute Resolution in Divorce important?

Alternative Dispute Resolution Services basically sitting down-and-talk sessions with all the concerned parties in a divorce, especially couples in marriage or partners in a de facto relationship. Separation and divorce are life-altering events. If handled insensibly, it can scar the further life in terms of finances, emotions and the still more disturbing situation are if children are impacted by this event in the family.This is where it is becoming ever more important to resolve the issues between the adults in the family sensibly, and peacefully so that the family’s normal living is not much affected. It saves your children from distress that...

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What is Domestic Abuse and the Preparation Required from Your End

The Amended Practice Direction is about involving judicial proceedings and how to manage and interpret a case according to the Court Rules. This even covers the proceedings related to the children. It describes clearly what the courts are needed to do in a children case where lots of issues occur due to a domestic abuse situation. Understanding Domestic Abuse Conventionally, the term ‘domestic violence’ was used to identify such practices, but now it is symbolized as ‘domestic abuse’ that includes any one incident or a pattern of incidents of coercive, controlling or threatening activities, behaviour, violence, or abuse between those aged 16 or above,...

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What is Child Support and How it is Calculated?

I personally feel child support is the most crucial of all the monetary settlements a separation case may see. I found this relatively simple expression of child support infographic, so sharing here, adding little more explanation for a clearer understanding of my readers. Child Support is basically a financial provision made to child/ children under 18 years of age, who are born or adopted in the marriage or de facto relationship of the parents. Until the child/children turn 18 years of age, they are dependent on the parents for care and financial assistance. Hence, it is mandatory for the parents to provide adequately...

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Separation and Divorce laws in Australia

The separation and its aftermath are way too stressful for the couple. The separation decision and planning for coming days become the focus of both the couples. If children are involved, one needs to tread very carefully, so that their care is not affected adversely. Requisites for granting a divorce Surprisingly, not many couples in a relationship don’t know the guidelines set for divorce application and granting of the same! I thought it’s better to acquaint the readers’ with some legal know-how! The family law has laid down few rules as to when the spouses can file for divorce and whether they can...

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Know Your Obligation as Spousal Maintenance

Spousal Maintenance or Alimony is the amount a spouse or a partner can claim from the other spouse or partner for a living. Spousal maintenance can be paid as periodical payments or settle by paying in one lump sum amount. Usually, the couple enters an agreement for providing the other spouse as maintenance while separating. This forms part of the financial agreement. If the couple cannot agree to spousal maintenance amount, both or either of them can apply to the court for decree on maintenance. Various Relationships and Spousal Maintenance Marriage: If the couple is legally wedded by Australian Family Law, the spouse can...

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International relationships, Children and Hague Convention

hague convention

The families, family laws, civil society, and psychological experts – all unanimously agree that as a nation and society we should not let children suffer due to their parents’ separation. When the whole family is going through a tough phase, saving children from the stress and uncertainty is not easy. Emotional Assistance There are child care experts, social workers and organisations to help the families during this period by lending emotional help and healing to the parents and children. This sensitivity shown towards children goes a long way in allowing children the time and space to accept and understand that their parents...

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How Are Foreign Marriages and Separation Treated Under Family Laws of Australia?

International-Marriage

The young people these days are more than open to the idea of cohabitation, same-sex relationships and marrying a foreigner. The evolution of cross-cultural marriages is only an indication of increasing number of world citizens who are not tying themselves to a single country for working, living, marrying and having a family. An Australian girl does not have qualms marrying an Indonesian guy or a Singapore guy finds his soulmate in an Australian lass! That, I personally feel is a good thing. As the minds open up to accept and accommodate other culture and a totally different person than oneself, the...

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De Facto relationships: What it entails, legally and emotionally?

de facto relation

De facto relationships are substituting marriages in Australia. A heterosexual or same-sex couple can have live-in arrangements. By definition, a de facto relationship can exist between two individuals; if there is no familial relationship between them if they are not legally married, and if they are leading a domestic life The de facto relationships enjoy same legal status as a marriage, with some slight variations in different states of Australia. The Family Law Act 1975, that governs the marriage and divorce, too, govern the de facto relationships and separation. However, note that the separation of de facto partners before 1st March 2009, is governed by family...

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How Do International marriages end?

divorce

I came across this interesting divorce case of international marriage. In international relationships, the spouses can file the divorce application in any country they are connected to. Whether it is the country they are born in, the country they usually reside, the country where they married or the country where the properties are invested. As long as one or both the spouses have some kind of connection with a country, they can apply for divorce and settlements in that country. This makes, the international divorce cases quite lengthy, and alarming. Since the international family laws vary from country to country, a...

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How can Mediation help warring partners to come around?

mediation

In this post, I am trying to provide information like, what is mediation, how mediation works, what is the set up for mediating sessions, who can participate etc.… Mediation is a facilitative alternative dispute resolution means. The mediator’s job is it facilitates the discussion between the divorcing partners. A mediator is a neutral person, who navigates the discussion towards fruitful results. The mediator cannot pass judgements or influence the parties’ decisions. The mediation can take in three formats: Mediation is done by a trained family lawyer Mediation is done by a Mediation Practitioner Mediation is done by a community-based mediation centre Mediation Done by...

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