If you have been married, but you wish to settle a divorce matter in court, you need to refer to the Family Court of Australia if you live in Australia. This court, with the exception of family court in Western Australia, handles a number of family related cases. These cases covers divorce, child support, property settlements, maintenance, and parenting and residential arrangements for children.
Dividing a Property
As a result, the Family Court of Australia can make decision about the property that is owned by partners in de facto relationships and marriages. They can also make decisions regarding any property that is held or owned outside the country. To bring this type of case to court, the parties must be citizens of Australia, or usually a resident of the country. Once the jurisdiction has been established in a family law matter, the Court must determine whether or not it can exercise its authority.
Turning to the Court for a Decision
In some instances, Australia’s Family Law Court may not be the right venue for the proceedings. For instance, if both of the parties do not live in Australia and the property of each party is in another country, the court in that country would exercise its authority.
Filing for a Divorce in Australia
However, that being said, you can still apply for divorce in Australia if you and your partner are not residing in Australia. According to international family law professionals, you can apply for divorce in the country of Australia if you consider the country to be you home and intend to live there permanently. You can also apply for a dissolution of your relationship if you are Australian by birth or descent or by issuance of Australian citizenship. Divorce applicants may apply for divorce, too, if they normally live in the country and have done so for a year prior to filing.
Obtain Help for Child Abduction
If a child is abducted in your family, you need to obtain legal advice without delay. A family lawyer can help you by filing an application with the family court for return of your child. The Court can be a major influence in this type of filing. Therefore, help from a lawyer is necessary. If you believe that your child could possibly be taken outside the country, again, you need to solicit help from a lawyer immediately. Once a child leaves Australia, he or she is under the regulations established by the Hague Convention.
Time Is of the Essence
These regulations must support the country’s mandates where the child is taken. In some instances, you may have a difficult time asking for your child’s return. As a result, time is of the essence when you are faced with this type of activity.
Ongoing Legal Support and Help
Needless to say, whenever you are facing a family dispute, you need to rely on a legal specialist who can provide you with an objective opinion and ongoing support. Look for a lawyer that can be you ally and advocate, someone who can help you realise a positive and successful outcome.