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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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Guidelines and Action Plans to Address Family Violence Issues

Domestic-Violence-Action-Plans-Australia

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

impact-of-divorce-on-children

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?

Prenup_Australia

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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International Surrogacy and Legal Aspects

Commercial surrogacy is not recognised as legal in Australia. There are other countries where commercial surrogacy is legal. And sometimes Australian couple, opt for such surrogacy method for starting a family. International surrogacy is a complex web of legal issues such as parental responsibility, citizenship, immigration etc. A family lawyer who specialises in international surrogacy should be consulted for understanding what measures to be taken in your circumstance and legal procedures. Victorian Assisted Reproductive Treatment Authority (VARTA) has listed some important guidelines to intending parents who are thinking of having a child by international surrogacy arrangement. Get fertility assessment done before deciding...

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International Family Laws And Child Custody: How Can You Get HELP in Australia

International family laws are complex web of legal issues that govern the family separation of international citizens. International families are increasing with people from various countries are coming together to form a family or living together. The separating couple have a tough time understanding which country’s laws apply to them and how will the separation works out till the end. Property Settlement in International Divorce Cases For example, in Germany the jurisdiction does not consider the assets owned by the partners before marriage for property settlement during divorce. Interestingly, in UK, the pre-nup financial agreements don’t hold much importance and the property...

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What is Child Dispute Services?

Child Dispute Services come under purview of Family Court of Australia. These centres provide expert advice and assessments to the judges of the Family Court and Federal Court of Australia on family matters, child and parenting arrangements for the cases that are in the court for hearing. There are 80 internal family consultants and several external consultants in every state, except WA. Who are these Family consultants AND What do they DO? Family Consultants are expert psychologists and /or social workers who have extensive knowledge and exposure to family and child issues affected by family separation. Family Consultants; Mediate and help parties to resolve...

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