Helpful Information

Frequently Asked Questions

1. What Are The Grounds For Divorce?

12 months separation.

2. Do I Have To Try Counselling?

If the marriage lasted less than two years and you want to file a Divorce Application, you will have to attend compulsory counselling, otherwise, there is no compulsory requirement for counselling.

3. After I Am Divorced Can I Use My Old Surname?

A woman can use the name she had on her Birth Certificate (her maiden name) at any time.

4. Do We Have To Be Divorced First, Before An Order Can Be Made Regarding The Children?

No. A Court can make Orders about the welfare of children even if you are not divorced.

5. What About The Children Of De Facto Couples?

All children are treated the same way by the Family Law Act.

6. What If My Child Is Taken Away?

First, see a solicitor. The process is complex and you must act quickly so it is not the sort of thing you should do by yourself. You may have to apply for a Recovery Order.

7. How Long Do Court Orders Relating To Children Last?

The Order ends when the child turns 18 years, marries, is adopted, or when the Order is cancelled or changed by the Court.

8. What If A Man Denies That He Is The father?

A medical test can be used to establish whether a man is the father. This is called a paternity test. You cannot force a man to undergo this test. It would have to be ordered by the Court. You should ask a solicitor to help you get this Order. If an Order is granted and he still refuses, then the Court can presume that he is the father, based on his refusal.

9. In A Property Settlement Is There A 50/50 rule?

No. There are many factors that are used to work out how property is divided.

10. Can I Include Other Things Besides Property In A Consent Order?

Yes. You can include spouse maintenance and arrangements for your children. You can deal with all of these issues at one time.

11. What Is A Pre-nupital Agreement?

Couples who are about to marry and who wish to detail and regulate their financial relationship both during the marriage and in the event of death, separation or divorce can enter a pre-nuptial agreement. Provided the agreement is completed correctly it is enforceable in Court.

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