Publications
HOW DO I GET A DIVORCE?
Fri, 12 Jan 18
You can apply to the Court either jointly or solely to obtain a Divorce, if you satisfy the following requirements:
1. You have been separated for at least 12 months and there is no prospect of reconciliation; and
2. There is an irretrievable breakdown of the marriage.
12 MONTHS SEPARATION
In order to apply for a divorce in Australia, the Courts will require that you and your spouse have been separated and lived apart for at least 12 months and 1 day.
SEPARATION UNDER ONE ROOF
You can still be separated if you and your spouse live in the same home, however the Court will require additional Affidavit evidence to prove that there was an irretrievable breakdown of the marriage at the date of separation.
ANOTHER YEAR, ANOTHER OPPORTUNITY TO GET ORGANISED
Fri, 12 Jan 18
The start of a new year is the perfect time to sit down and take stock of your present circumstances. Are you happy with your job, relationship and current living arrangements? Do you have a dream of undertaking further study, starting a new sport or hobby or simply taking more time out to relax?
More importantly, if you have a Will, then it is a great time to consider whether your Will accurately reflects your wishes, and whether your circumstances have changed significantly since it was created, which may mean it is invalid.
For example, marriage, separation, divorce or entry into a new relationship can all be sufficient reasons to invalidate an existing Will . You may also want to include new family members (especially if a baby has been born since your last Will was completed).
SEPARATED PARTIES & CHILDREN AT CHRISTMAS
Wed, 6 Dec 17
As Christmas is fast approaching (again!) we thought it was timely to discuss one of the queries that we are often asked by our clients in the lead up to the Christmas/New Year break relating to children, namely, how is time with the children organised between separated parties over the break?
We have visited this topic numerous times in the past, however it is still a common question that arises, and we want to ensure that we equip our clients with as much information as possible to allow this period to be as fun and stress free as it can be.
While Christmas and the holidays are often a happy and joyous occasion, where families spend some quality time together, this isn’t always the case for those who have recently separated with children involved.
AUSTRALIANS SAID 'I DO' TO SAME SEX MARRIAGE
Wed, 6 Dec 17
In a landmark decision by the Australian public, the ‘Yes’ vote to change the Marriage Act 1961 to legalise same-sex marriage trumped those against the proposed amendments with a 61.6%/38.4% result, announced on 15 November 2017.
While many were rejoicing at the outcome of the Australian Marriage Law Postal Survey, the scope and extent of the changes to be made to the Marriage Act 1961 were still up in the air, with an active debate continuing between the political parties concerning the wording to be used, the nature and extent of religious protections to be included as well as how refusals and objections to participating in a same-sex marriage is to be dealt with, particularly in light of Attorney-General George Brandis’ comment that an amendment which allowed both civil and religious celebrants to refuse to marry same-sex couples would have his support.
SOCIAL MEDA AND DEFAMATION - BEWARE - THE LINE CAN EASILY BE CROSSED
Thu, 9 Nov 17
The recent high profile case heard by the Supreme Court in Victoria between actress Rebel Wilson and German media giant Bauer Media has come to a dramatic conclusion, with Justice Dixon finding that Bauer Media had maliciously defamed Ms Wilson. Ms Wilson was awarded a large sum of $4.5 million dollars in damages, resulting in the largest known defamation win in Australian history.
This case is also believed to be the first case where the statutory cap of $389,500.00 in place for assessing damages for non-economic loss has been disregarded. Justice Dixon made a statement to the effect that when assessing Wilson’s damages for non-economic loss the cap was able to be disregarded due to the circumstances of the aggravation in this case.
Although the scope of this case is generally outside the realms of what could be expected in a less publicised/non-celebrity court battle, it is still sending a very timely and important message for the general population that what you publish online, or in social media, can be classed as defamation. Individuals need to be very careful about online presence and activity or they may be at the receiving end of an expensive law suit.
RECENTLY SEPARATED OR CONSIDERING SEPARATING? WILL YOU BE REQUIRED TO GO TO COURT?
Mon, 14 Aug 17
One of the most common myths when it comes to separation is that “all family disputes go to the Court”. However, this couldn’t be further from the truth as a vast majority of cases are resolved without the need of going to Court, and of those matters that do end up in the Court room, only 4% proceed to a final hearing (a trial).
Here at Affinity Family Lawyers, we pride ourselves on providing cost effective legal services, and encourage our client’s to resolve matters amicably through alternative dispute resolution options, such as negotiation and mediation.
