All you want to know about divorce and child care rights for fathers across Adelaide
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Divorce and childcare rights are vast to understand. Here are some important points you should know.
Divorce Rights • Under the Family Law Act 1975, the court doesn’t need to know the reason for divorce. It is called the ‘no fault’ principle. • The couple must have separated at least 12 months before the case is filed. Either of the two should be an Australian citizen or living in Australia and regard the country as your home. • Prior to making the divorce application, you are required to participate in counseling to seek the possibility of reconciliation.
• You can file the application as the sole applicant. However, you have to submit the proof in the form of affidavit that the application has been served to the other party and received by them. • It is possible to oppose the divorce or file a response with a disagreement with any information given by the applicant. • The other party is not required to attend the hearing if it doesn’t oppose the divorce. If you provide the affidavit of serving the application to the other party, then you are not bound to attend the hearing.
• If you were married overseas and now live in Australia, then also you can apply for divorce. You need to submit the copy of the marriage certificate. • You should wait until the divorce has been granted if you are planning on remarrying. • The court may demand proof of separation date or proof of adequate arrangement made for kids under the age of 18. You are required to submit it without failure.
Childcare Rights • From the perception of considering a child as the property, we have seen a fundamental shift in it during the past two decades. • Parent’s legal rights over the children are not absolute but fundamental human rights get a higher authority if they are in the better interests. • There are two types of child support agreement. In the Binding Agreement, the amount can be determined without any assessment from DHS. IT can be paid directly from one party to the other party. In the Limited Agreement, the DHS assesses child support contribution.
• Both biological and adoptive parents are liable to pay child support. • All states and territory governments have deferred the power to make laws for child support for kids of de-facto people to the CG (Commonwealth Government). Such cases are called ex-nupital child support cases.
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