Family Law

Divorce

One of the following must be proved:

1. Adultery

2. Unreasonable Behaviour – conduct

3. Desertion for 2 years

4. Separation for 2 years with consent

5. Separation for 5 years

6. Presumption of Death

Property Settlement is based on contribution, both financial and otherwise, for example, caring for children and assisting with home construction.

This can be done after divorce or simultaneously

The Court will seek the welfare of the children – that is, what is in their best interest

One parent has care and control and the other can get access

Types of Access

1. Supervised – in the presence of another person

2. Structured – every other weekend and half school vacation

3. Reasonable – Notice must be given in advance

4. Liberal – without restrictions

The type of access given will depend on the level of communication between parents

Maintenance is payable to the spouse having care and control of the child/children.

The amount of maintenance to be paid must keep the child at a standard of living to which he/she is accustomed.

It is therefore a balance between the needs of the child and the means or ability of the parent to pay.