International Property Settlements
Settling international properties is an intricate process. If you and your partner own a conjugal property overseas, the Family Act (1975) requires you to disclose this information during settlement. You and your spouse’s “property pool” consists of superannuation, liabilities, and assets you both own.
When deciding who gets what, the court will look into various factors. These factors may vary per case, but the law will primarily consider who is the biggest contributor to these assets.
If you have properties overseas that might be affected by your divorce or separation, hiring an experienced international family attorney is critical. An attorney can help you preserve your rights over these properties by carefully analyzing what factors the Australian court will consider and how you can prove these elements.
Our legal team handles a wide variety of international family law matters, from child custody to separation and divorce; we have something for everyone.
International Child Custody
Child custody is one of the biggest challenges both parents face after a divorce. The process may become more complicated if one parent is not an Australian citizen and wishes to take their Australian-born child to a different country.
According to the Hague Convention, if one parent took their child outside the country without the consent of the other, the court may see this as an act of child abduction. Because of this, the court reserves the right to return the child to their home country.
If you wish to settle into a new life outside the country, speaking with an international family attorney is a must. We can help you navigate the intricate legal process of taking your child overseas and avoid making hefty and critical mistakes.
International Child Support
Divorced or not, child support is an inherent responsibility of both parents. If you live outside Australia and want to enforce child support from your Australian partner, you must follow a series of intricate legal procedures.
Hiring an experienced international family lawyer can help you go through this complicated process seamlessly. Furthermore, they can help you determine your child support options and establish the scope and limitations of the support your partner provides.
After a divorce settling the parenting arrangement with your former partner is vital. If you wish to have a parenting arrangement with your child who’s been taken overseas, your first option is to have legally-binding international child custody.
If this fails, you always have an option to apply to the Federal Circuit and Family Court of Australia and request an order granting you the right to have custody over your international child.
Applying for custody through the Federal Circuit or the Family Court of Australia can be confusing and overwhelming without a lawyer. An international family lawyer knows the legal procedures in these cases, and they can help you craft a legally-binding parenting arrangement with your best interest in mind.
The Hague Convention is the gathering of 101 countries addressing the state of international child abduction. The participating states signed an agreement agreeing to collaborate with the Australian government to seek and return the abducted child to their home country.
The definition of child abduction is broad. However, the Australian court may consider it a valid child abduction case if the other parent took your child overseas without your consent. Because of this, the government and the allied countries can help you recover your child from your former spouse.
Separation & Divorce
The application process for divorce or separation in Australia varies depending on the nature of your marriage. If you’re married outside Australia but wish to file for a divorce in the country, you can do so if you can prove that you live here permanently and that you’ve been separated from your spouse for the past 12 months.
When filing for a divorce, you and your spouse must determine the separation of your conjugal properties, parenting arrangements, and child custody. Securing the legal assistance of an international family lawyer is essential if you want to secure your best interest and achieve a favorable outcome.