My partner and I have separated, what am I entitled to relation to property division?

*A property pool must be established outlining the parties' assets, liabilities and financial resources. This step includes full and frank financial disclosure by each party and obtaining valuations on some assets such as houses, superannuation accounts and businesses, *The parties' financial, non-financial and homemaker contributions to the relationship are assessed. This includes an assessment of inheritances and gifts received by either party from a third party.

What is a defacto relationship?

A "defacto relationship" is defined in the Family Law Act 1975 (Cth) as a couple living together on a genuine domestic basis, who are not related by family and who are not married. A defacto relationship can exist between a man and a woman and between two people of the same sex. The Family Law Act recognises that a party could be in multiple defacto relationships, or that a person who is married could be a party to defacto property proceedings.

My partner has become very volatile since we separated and I fear for my safety. What can I do about this?

If there is harassment, violence, risk of violence or threats being made against you or the children by your former partner, you should make contact with the police immediately. You may consider applying for a protection order in the Magistrates Court. In some circumstances, the police will make this application on your behalf.

What is the difference between a parenting plan and a consent order?

A parenting plan sets out parenting arrangements for the children. It does not cover issues relating to property settlement or spousal maintenance. A parenting plan must be in writing, signed and dated by the parents. A parenting plan is not a court order and is not legally enforceable. However, if a parenting plan is signed by parents after a consent order, then the parenting plan will take precedence over the earlier dated consent order.

Can I move interstate or overseas with children?

Unless there is a court order to stating otherwise, you will require both parents' consent to obtain passports for the children. The court can make an order requiring the other parent to sign a passport application and an order permitting the children to travel overseas. If the court allows the children to travel, some conditions may be put in place, including payment of security/bond and providing the travel itinerary to the other parent.

What if I want to change the court orders or I decide not to follow the orders?

If a parent decides to relocate with the children and this move affects the time the other parent spends with the children, then that other parent may apply to the court for an order to stop the children from moving or have the children returned. If you wish relocate with the children (with or without an existing court order), you should firstly seek the consent of the other parent.

My spouse is being very volatile since we separated and I am fearing for my safety. What can I do?

Speak to your Family Solicitor about the arranging of orders that can be obtained from a court to prevent your spouse from invading your private space. If your fear is genuinely held, Injunction Orders or other forms of protection are readily available.

We cannot agree on what happens with our children. What now?

If your children are old enough to say something sensible, listen to what they have to say. If they do not want to have the sort of relationship with you that you demand, consider changing your opinion. Children, when they themselves are mature, will appreciate your maturity now. If all else fails get your Family Law Solicitor involved. This becomes costly because each of you must get independent advice.

I don't think what my ex-spouser is demanding is fair. What should I do?

Talk to a Family Law Solicitor to get advice. Be prepared to honestly disclose all of your financial circumstances. A confident Family Law Solicitor will tell you what is fair and put you right. If the issue in dispute relates to children the same advice applies.