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Frequently Asked Questions
Frequently Asked Questions
Can I protect my assets before marriage?
Yes. Binding Financial Agreements can secure your financial position.
Are property disputes always settled in court?
No. Many property settlements are reached through negotiation or mediation.
How are parenting issues decided?
The child’s best interests are the main consideration. Courts aim to maintain meaningful relationships with both parents unless it’s unsafe.
Do I need to prove fault to get a divorce in Australia?
No. Australia has a no-fault divorce system. Separation for 12 months is the only requirement.
Can children express a preference in custody cases?
Yes. Courts may consider the child’s wishes, especially for older children, if appropriate.
Can I prevent my ex-partner from relocating with our child?
Yes. You may apply for a court order to restrict relocation or seek a recovery order.
What factors do courts consider in parenting disputes?
The child’s best interests, safety, relationship with each parent, and capacity for care.
Do I need a court order for custody in Australia?
Not necessarily. Parenting plans or consent orders are often used to formalise arrangements.