Property & Financial Maintenance, Child Related Proceedings, and Divorce - Havilah Legal

1. Property & Financial Maintenance, Child Related Proceedings, and Divorce Who is Eligible to Apply for a Court Order? Presented by Perth’s experienced Family Lawyers - Havilah Legal

2. When it comes time to bring the law into your marriage or de facto relationship, it’s important to understand how the Australian Family Court functions. This is especially true for property, financial maintenance (spousal maintenance), child related proceedings and divorce. When one considers how to approach these issues - and how these issues will be approached in court - the first question that may pop up is, “Am I eligible to apply for a court order?” The following information lays out the basics of eligibility for these Family Law court orders. Are You Eligible?

3. Marriage For parties to a marriage, one party must: • be an Australian citizen; • ordinarily reside in Australia; or • be present in Australia when the application commencing the proceedings is filed with the Court. Property and Financial Maintenance Orders Who is eligible to make an application for property/financial maintenance orders?

4. De Facto For parties in a de facto relationship: • The parties must have been in a de facto relationship for at least 2 years; or • There is a child of the relationship; or • A party to the relationship has made substantial contributions to the relationship;and • One party to the relationship must be residing in WA at the time the application is made;and • Both parties have resided in WA for at least one third of the duration of the de facto relationship. Property and Financial Maintenance Orders Who is eligible to make an application for property/financial maintenance orders?

5. Either, or both of the child’s parents; • The child; • A grandparent of the child; or • Any other person concerned with the care, welfare or development of the child; Who is: • Present in Australia when the application is filed; • Is an Australian citizen; or • Is ordinarily residing in Australia. Parenting Orders Who is eligible to make an application for parenting orders?

6. Parties to a marriage that have been separated for at least 12 months. If the parties to a marriage have lived together in the same house during the 12 month separation period, an affidavit in support of the divorce application must be filed. Divorce Who is eligible to make an application for divorce?

7. More Information The question of eligibility will likely be the first of many. More questions are sure to follow, such as: • How do I bring my matter before the court? • What kind of result can I expect? • What documents do I need, and what requirements must be met? • What specifics of my situation will be considered in court? Our experienced family law firm in Perth can provide answers regarding how the Australian Family Court deals with a wide range of issues related to Property and Financial Maintenance, Child Related Proceedings and Divorce, and we are happy to help you through the process should you require assistance.

8. Want to Find Out More? For more information visit federalcircuitcourt.gov.au or contact our experienced Perth divorce lawyers today. Presented by Perth’s experienced Family Lawyers - Havilah Legal