Divorce Flashcards
Legal tools- Parenting
- Parenting Plans/ agreement reached by parents about the care of the children.
- Parenting orders/ A court order that arranges the car of children for parents, if they can’t do so themselves.
Legal tool- Assets/ Finance
- Consent orders/ A court order that locks in agreements about the cars of the children, division of property, and other aspects of divorce, it is a binding decision.
- Court orders/ A court order about division of property, or other matters relating to a divorce (but not parenting)
Separation under one roof
Divorced couples can be separated under the one roof if they have children or for financial reasons. If there is any tension, a restraining order may be placed until the court decides the property.
Divorce order
A application for divorce is made through the family court of Aus or the federal circuit court of Australia. For families without children, a divorce application is processed with no court hearing, but in contested cases parties must give evidence in court, usually written rarely oral. When a divorce is granted a degree of dissolution of marriage/ divorce is issued and effective a month later.
The purpose of divorce law
When a relationship does not fulfil someone’s needs and desires, a divorce is an option.