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Wills & Estates Frequently asked questions
Frequently asked questions.
Probate is a document granted by the Supreme Court following a formal court application to confirm that a Will is valid. Probate confirms that the executor has legal authority to deal with the deceased’s assets in accordance with the terms of the Will. Probate also confirms that the Will is the last will executed by […]
A Will is a legal document that expresses your wishes for the distribution of your assets after your death. A Will allows you to appoint an Executor, who will be the person responsible for making sure your wishes are met. A Will can also be used to appoint a guardian to care for your children […]
Family Law Frequently asked questions
Frequently asked questions.
In family law property settlements the legislation is quite clear that each party is required to give “full and frank disclosure”. This might sound a bit foreign to most people but the concept is actually quite clear. To be perfectly clear, what the obligation means is that any document that any party has that is […]
When it comes to determining what is “property” in family law matters, the Family Law Act and the courts interpret the term very broadly. While most people consider “property” as being, the family home, motor vehicle and furniture, the scope is much wider and may include interests in business, shares, redundancy payments, superannuation, inheritances and […]
The Family Law Act states that a person has a responsibility to financially assist their spouse if the spouse’s income or assets fall short of meeting their reasonable expenses. Importantly, this responsibility may well continue for a considerable period after separation and divorce. In determining the extent of this assistance, both the needs of the […]
Divorce – Frequently asked questions
Frequently asked questions about divorce.
Divorce Applications can be made while parties have been separated but living under the same roof, or where there has been a period of resuming the relationship and further separation.
A Divorce Application is filed in the Federal Circuit Court and there is a filing fee payable to the Court. In certain circumstances the Applicant can apply to the Court for a reduction in the filing fee.
Once the Application is filed in the Court, the registry will nominate a Court date.
If the Application is made solely by one party without the other party signing the application, it will need to be served on the other party. Service can initially be attempted either personally or by post, however, if the party being served does not sign and return an acknowledgement of service they will have to be served personally.
If you are the sole Applicant, and there are children under the age of 18, you will need to appear at the Court date. If there are no children under 18 the Court can consider the application on the papers without the need for either party to appear as long as service on the other party has been proved.
If you are a Respondent to an application and have been served with the application, you only need to appear in Court or file material in response of the application if you object to the Divorce being granted.
One month after the Court date the Divorce becomes absolute. The Court then posts the Divorce Order to the parties at their nominated address for service.
It is very important to remember that once your Divorce becomes absolute that you only have 12 months in which to institute proceedings for property settlement otherwise you will only be able to seek property settlement if you are given a time extension by leave of the Court (which may be refused or granted depending on the circumstances).
If you have any further queries or would like assistance in relation to an Application for Divorce please do not hesitate to contact the Family Law team at McNamara Law on (07) 3816 9555.
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