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


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?


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?


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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Guidelines and Action Plans to Address Family Violence Issues


Australian judiciary and support agencies develop some impactful frameworks to ensure the safety of the victims of family violence and provide equal opportunity to access fair justice. Here is an overview of the three principal strategies to address family violence issues: National Domestic Violence Order Scheme On 25th November 2017, National Domestic Violence Order Scheme came into being to protect the victims of family violence across the state borders. This new plan is enforceable across all the states and territories of Australia. The movement started at NSW, aiming to create a national data pool to ensure the legal orders regarding family violence cases are...

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Children and relationship breakdown


This is the closest and hurtful topic I like to write on! This post is about the most vulnerable parties of them all in a relationship breakdown. Children are the most affected of all the concerned parties in family separation. Child custody, child support, parenting arrangements are few of the key areas to mention. Check out how each of these key points gets affected by a separation process: Child Support Child Support or Child maintenance is a financial issue, discussed while the partners are separating. Child Support is paid by either or both the parents depending on the family situation. The child support is paid...

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Alcohol Abuse and Getting Divorced – What You Need to Know?

alcohol abuse

If you are in a marriage where your spouse is an alcoholic then this must be a difficult trauma for your family. There are various ups and downs related to this situation that can impact your family to a high negative extent. Besides a lot of medical issues related to the alcoholism, there are also emotional harms done to you, the children, and other family members. Deciding the perfect way to approach this situation involves a great deal of consideration and thought. Even once you decided the approach it is hard to feel absolutely comfortable with your self-decision. Most of the people...

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Australia Legalises Same-Sex Marriage. How will it affect the Family Law?

Equal marriage rights_SameSex marriage_Australia

Before 2017 waned off, Australia voted a ‘Yes' to legalising same-sex marriage with 61.6%. 15th November 2017 saw most of the Australians affirming the same-sex couple's equal right to marriage as do a heterosexual couple. On 7th December 2017, the legislation to legalise same-sex marriage was passed and received royal assent from the Governor General the next day. From 9th December 2017, same-sex marriages are legal in Australia. With that now a history, family law bill goes through an amendment to incorporate the changes to the definition of marriage as in Marriage Act 1961 – from " Union of a man and...

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When does a binding financial agreement become void?

Binding Financial Agreement_ Australia

Recently the High Court of Australia ruled a Binding Financial Agreement (BFA) ‘grossly unreasonable' and kept aside the flawed agreement stating it cannot be legally enforceable.  You may visit our article on finance and property settlement for more clarity on the legal aspects of such arrangements. There are some legal prerequisites to a binding financial agreement, as mentioned below: Both the parties should have had access to independent legal advice on the terms of the financial agreement. Both the parties must have been well informed and understood the implications of the agreement in the event of their separation and enforcement of...

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Why do you need a Prenup?


There is no absolute answer whether or not you should have a prenuptial agreement. Mostly, it depends on the couple's personal and financial circumstances, understanding, preferences, stage in life, commitments and any other reason that requires an arrangement made before the wedding. Let's not get into right or wrong debate! From a family lawyer's perspective, it is just a cautious step to safeguard one's interest. Not everyone needs a prenup agreement either. If it is not your first marriage, and have kids from a previous marriage or de facto relationship, you may want to safeguard their interests by making enough financial...

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