Every family have problems, the most dispute that arises in the family due to property, spouse or children. Nobody wants to have a dispute within the family but there can be scenarios that will lead to such disputes. Sometimes those scenarios can be overcome with improving communication and compromising. But many times, the situation gets worsen and family members are unable to resolve the dispute. This can lead to a lawsuit in court. The interesting fact is the most cases that come to court are related to family law.
The family law in Morningtona will be referred for the following situation:
● Inheritance/Financial cases
● Parenting cases
The family law explicitly covers all the legal aspects of mentioned categories. Let’s look into more details about each category
In Australia, anyone can apply for a divorce if
● You declare Australia as your home and want to live in it indefinitely
● An Australian citizen by birth or have Australian citizenship
● Living in Australia for at least 12 months or more before filing for divorce
One need to satisfy the court that you and your spouse are living separately for at least 1e months and you both want to resume the relation further.
There is also a case that you can apply for a no-fault divorce. If you and your spouse living apart for more than 12 months, then you can apply for no-fault divorce, then the court will not consider who is at fault and sanction the divorce.
These cases are usually the division of finances between the parties. The court can make decisions based on the following
● The direct contributions of party in the finances. The more they share of one party will get more in the settlement
● The indirect contribution to the finances.
● The future needs one party, for example in case of divorce, the party that will have good custody of children will be having different financial needs in future as per another counterpart.
As per family law, the responsibilities for the care and welfare will be for both parents. The arrangements of such responsibilities will be drafted for the best interests of the child/children.
This law ensures that the rights of children in case of divorce must be protected and no parent will be exempted from the responsibility. Both have to contribute to the betterment of the child future.
The family law primarily covers these aspects in the cause of family lawsuits but many subcategories are also addressed by Family law. The situations arise due to these scenarios. The family law has given interpretation of such scenarios in details. Any case will be decided based on guidelines given in Family law. This is the reason that such cases will only be handled by lawyers which are expert in family law.