Residence-requirements-in-the-Divorce-Proceedings

Residence requirements in the Divorce Proceedings

Many young Indians and for that matter from the south East Asia have arrived and continue to arrive in Australia on a student visa. Interestingly the trend recently had been to first get marry at home country and then take the flight together with the spouse to ensure the safety and mutual support. However, increasing…

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06-COL-0-GURPAL-PETS-The-non-human-members-of-the-family-editd-N

Non-human children of the family – Separation predicament

This heading of the topic may seem funny however, the role of pets is immensely important and ever growing in the modern-day society. People are seen fighting tooth and nail to retain the custody of the lovely pet and won’t like the separating partner to have a piece of it – be it a cat,…

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Surrogacy-and-Parentage-1

Surrogacy and Parentage

The Family Law Act maintains that there are presumptions of parentage of a child. Such assumptions arise from marriage, cohabitation, registration of a birth, judicial finding and signing an acknowledgement of paternity. The term parent(s) are not otherwise defined under the law. The issue of parentage arises in the case of artificial conception involving the…

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Property-division

Property Division in the Wake of Relation Breakdown

The Family Law Act 1975 provides for the division of the property between the parties to the relationship. We will briefly consider as to what constitutes the property, the principles applicable for the division and the judicial restraint to be exercised by the courts while determining the division of property issues. The first requirement would…

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Separation-and-superannuation-split-1

Separation and superannuation split

Accumulated monetary superannuation is a major asset in addition to the house(s) and/or business requires division between warring spouses in the event of irretrievable breakdown of relationship/marriage. Interestingly though, superannuation differs from other types of property as it is held in trust and is not immediately available for use. The law allows separating couples to…

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