YES

Bigamy is Illegal in Australia (which is being married to more than 1-person at a time)

An application for divorce will generally take 2-months.

1- month from filing until the date of the hearing, then if the Decree Nisi is granted it becomes final 1-month and 1-day later (decree Absolute)

other than that it takes about 7- days to register for a marriage permit but there are no other time limits under the law

Australia doesn't have Pre-nups as such, Instead we have what are known as Binding Financial Agreements and they can be entered into before marriage, during marriage or after marriage but before divorce. Defacto Couples can also enter into them.

However, please be warned there are specific requirements to be met before they are binding such as both parties MUST receive independent Legal Advice prior to entering.

Then even if the requirements are met there is a view in the courts that as these binding financial agreements are merely contracts, they can not be used to contract out of a persons right under the Australian Family Law Legislation.

That is the Family Law Act requires a court to make any orders it feels are just and equitable to do so. And these decisions are often made after intrinsically looking at parties relationship, length, severity as well as assets owned, contributions to the home and family etc...
It is said a BFA may be used to contract out of these rights, and so often Lawyers feel BFA's are not worth the paper they are written on as the courts are often over turning them

1. A person who suffers harm as a direct result of an act committed by another person in the course of a criminal offence in NSW.

2. A member of the immediate family if someone dies as a result of an act committed.

This includes children and young people who have been harmed as a result of a criminal offence.

There are a few issues here:

1. Consent orders are one option / alternative to formal court proceedings and it is true the court likes the parties to try and come to agreement on family matters, however if it is clear no agreement will be reached you are entitled to make an initiating application to the Family / Federal Circuit court.

2. The Case Management process of the above application gives the parties as much chance as possible to try and agree on orders and if they are so made the court will order them on an interim or final basis.

3. If you intend on applying for children orders you must seek mandatory pre-action mediation in order to receive a Certificate called a S.60I certificate. Family matters involving children will not be heard in courts without this certificate. Family Relationships Australia should be able to assist you with this.

4. If you decide you don't need children's orders, but DO need property orders, I need to point out you can only lodge an application for property orders within 12-months of getting divorced.

In other words you only have until Mid-2016 to lodge an application for Property orders, If however, you are seeking children and property orders this 12-month limitation does not apply.

We would need more information on your circumstances, the details of your daughter and the nature of the relationships etc, but the Family Law Act preferences a parent having parental responsibility for their child over any other relevant person.

As you currently only have a private agreement in place there is nothing stopping you from retrieving your child at any time, and taking her home. Your parents may then wish to make an application for parenting orders, and a court will then make orders relevant to the circumstances of the parties including the wishes of the child if old enough to have an opinion, the court may very well give weight to the informal agreement you currently have in place and / or the current status quo of living situation of the parties

That said the fact the grandparents appear to be a major part of your child's life would not be overlooked by the court. The court will only consider orders 'In the best interests of the child' and may consider parental responsibility, living with and spending time with any or all the parties.

you should seek proper advice in this matter, spending $500 now on formal advice may save you thousands in the long run not to mention heartache

There is no specific Law prohibiting a person undertaking secondary employment. There are WHS laws to consider and whether your health my be affected by working a second job.

Further, as you work for a government agency it is highly likely they will have a code of conduct or practice which will have guidelines about seeking approval for secondary employment, and avoiding actual or perceived conflicts of interest in the secondary employment. It is imperative you follow the requirements in this code as that is how your employer will ensure they uphold any WHS obligations they owe to you.Your employment contract or industry award may also contain provisions about secondary employment

Finally, what one does on their RDO's or annual leave is up to them, the employment relationship can not dictate what a persin does in their spare time unless it breaches the code of conduct

If you are not on a good behaviour bond with Roads and Maritime then you have a right to appeal the decision to suspend you. I am assuming you are guilty as charged but seek a lighter penalty, namely no suspension.

The process would be to lodge a notice thatyou want the matter heard by a court. You wouldcomplete the back of the form issued to you or lodge anotice online using the particulars on the form issued to you.

The court will then allocate a court date and on that date you'll be required to attend the court.

When you go to court you will have an opportunity to present a case for why your licenceshould not be suspended. You would be asking for the court to make a Section 10 order under the Crimes(Sentencing Procedure) Act. This would, if you are successful, have theeffect of the court dismissing thesuspension notice in exchange for your "guilty" plea and on the basis that youare of prior good character.

If youare self-representing, youshould:

(a) give evidence of your good character in the form of character references from people who themselves are of good character;

(b) commenthonestly in relation to your driving history, how long you've been driving for and what your record is like;

(c) demonstrate a legitimate need for a licence such as the requirement to hold down a job; and

(d)tell the court about anything else impacting your circumstances or anything at the time of the offence that might be relevant.

Make sure you are prepared and have original documents. For example, character references and remember your employer might be able to write a letter in respect of your need for a licence.

The court has absolute discretion here and would consider the evidence before it. The court would also look at the circumstances of the offence such as what time you were driving, what the weather was like, where you were driving, what the road surface was like, whowas around and how many cars were on the road.

It is likely that your employer has a policy on working a second job. Look first at HR policies. Your employment agreement and/or award where applicable may also deal with this issue.

A general issue is whether or not the second job may conflict in some way with the interests of your primary employer. The other issue is whether working a second job will impact on your ability to perform the duties of your primary job. Eg coming to work exhausted because of your secondary job.

Your ex remains an "eligible person" under the NSW Succession Act, so the first step is to make sure you have a property division with the ex, and include in any Binding Financial Agreement appropriate clauses to help prevent the ex from making a claim. There are other things that can be done, depending on the amount of assets involved and the chance of that happening.

Normally anything left to someone who is under 18 at your death can be used for their benefit, for things such as education, support etc, and it would be your executor who would decide what should be paid.You should appoint someone you trust, and give them a gift instead of "commission" or payment. One option is even to appoint your ex with or without another personif you die before your son reaches 18 or 21 (and only for the period until he reaches say 21 etc) , but if you die after that, to appoint your son himself. Your executor is bound by the terms of the will and the trusts set up by it.

You canput inspecific terms of the trust which operate as binding directions to your executor, but beware of "ruling from the grave" too much...you don't know when you will die, you don't know who will survive you,and you can't assume you will own then what you do now.

Any good lawyer/estate planner will get details of your assets, super,any other financial resources (eg the life insurance), exactly who owns each thing, details of your family, and then what you want to do, and only then consider the best way to achieve your objectives in a costs effective way.

Hi mate, this is very serious and we'd be happy to chat free of charge to give you guidance. Typically, you should consider our advice before entering a plea. We'd need more information about the facts of the case and how you were caught. We'd also need to know more about you and your background.

If this was a guilty plea, we'destimate $7,000.00 + GST for sentencing including reps to police to negotiate the charges, psych report, pre-sentence report, extensive submissions, character reference material and all incidental mitigation work.

If this was adefended hearing youwould be looking at $20K +.

You can checkus out at www.dowsonturco.com.au

There are at least 2 issues here.

As to your affidavits, evidence has to be compiled only on things the Court will regard as relevant, and it has to be in the proper format and be "admissible".Usually if something is left out, that is done because of those things. Also, there are tactical issues to consider...it isalwaysimportant to consider what the response to evidence might be from the mother, and of course the judge. Remember court proceedings about children are not about your "rights" or those of the mother.

They are about what is best for the children.

Sometimes what is best for the children is not fair to a party. Still, the children are put ahead of fairness, as they should be. You should ask your lawyer why things are not in the evidence as you wanted, and listen carefully to the reply. Whether or not you can change what you have said on oath in an affidavit, and whether or not you should, are complex questions that should only be answered by someone who knows everything about your case. You can change lawyers if you are unhappy, but that will increase you fees to some extent

Now turning to the fees issue, you have the right to ask for an "itemized bill". Your lawyer cannot charge you for providing that.

If things that you could have been charged for have been left off the bill, generally your lawyer can issue a new bill and charge for that.If a discount has been offered, that can generally be removed by your lawyer.

With any bill, you can submit the bill to be "assessed" by a costs assessor of the Supreme Court.You can do that within 12 months of your final bill. That is fairly cheap for you to do, but you might need help from a solicitor with experience in the area of challenging costs, or a legal costs consultant.It is difficult to have an assessor make a finding that the work was of no use to you, and usually only a finding like that will lead to no payment of the costs of your lawyer.

Look at the "disclosure of costs" documents you probably received at the start, and any costs agreement that you signed, or that was sent to you, and see what they say. They are very important in terms of how your lawyer's costs are assessed.

I hope this answer has been of some help to you.

MARRIAGE

It sounds obvious but to divorce someone you must be legally married to that person first. The evidence for that is usually your marriage certificate.

MARRIAGE HAS BROKEN DOWN IRRETRIEVABLY

You must show to the Federal Circuit Court that your marriage has broken down irretrievably. This is proved by establishing that you and your spouse have been separated for a period of 12 months or more prior to filing the Application for Divorce.

If you have children with your spouse under the age of 18 you must satisfy the court that certain arrangements are in place for the children. The court will consider:

· the living arrangements for the children;

· the time the children spend with each parent;

· whether the children are being financially supported by you and your spouse;

· the health and education of the children.

If you have been married for less than 2 years the court cannot hear your Application for Divorce unless you and your spouse have been to a family counsellor to consider the prospects of reconciliation or the court dispenses with the requirement for counselling.

To give you an overview of the numerous steps involved I have included a brief summary next. My project plan links to the Family Court of Western Australia documents.

The following is just an example and some steps might not apply in your circumstances. Other steps not included in the project plan might be applicable in your circumstances.

INTERVIEW

1. First interview with the client in person or online Family Law Questionnaire.

2. Give to the client the brochure Marriage, Families and Separation.

3. Discuss costs and draft a retainer agreement.

4. Client to sign a retainer agreement and forward deposit on account of costs and disbursements.

5. Lawyer gives written advice to the client about the divorce.

APPROPRIATE FORUM

6. Objection to jurisdiction – due to various reason the court might not have jurisdiction to hear the divorce application. Lawyer to advise you on that.

APPLICATION

7. Complete Form 3 Application for Divorce. Include date of separation as it is important for the following reasons:

· when child support becomes payable;

· when new Centrelink benefits become payable;

· how the court will calculate the property settlement.

8. Send a copy of the completed Application for Divorce to client for checking.

9. Send a letter to other party seeking a joint application and sharing of application fee to save client’s money.

DOCUMENTS

11. If the Marriage Certificate is not in English (Overseas Marriage Ceremony), obtain a translation and an affidavit of translation. If client does not have a copy:

Ask the client to order a copy from the Registry of Births, Deaths and Marriages WA or click here if the marriage took place interstate.

Draft an affidavit if a copy cannot be obtained.

12. A Certificate from a Family Counsellor is required if the marriage lasted less than two years.

SECOND INTERVIEW

13. Client to swear the Application for Divorce form.

14. Lawyer to sign declaration.

15. Lawyer to obtain instructions about service.

FILE APPLICATION FOR DIVORCE

16. Take the following to the Family Court Registry for filing:

· original and two copies of the application - see translation clause if client does not speak English;

· filing fee or Application for reduction of payment of divorce;

· copy of Marriage Certificate;

· affidavit in Lieu of Marriage Certificate;

· affidavit of translation of Marriage Certificate;

· copies of any existing orders;

· copies of Citizenship paper or Australian Passport if client born overseas;

· for non-citizens and affidavit proving domicile in Australia;

· if the parties have been living under the same roof affidavit of the applicant and one corroborating witness.

17. Inform the client of the Court hearing date.

SERVICE IF NOT A JOINT APPLICATION

18. Contact respondent and confirm willingness to accept service. If Respondent has engaged a lawyer confirm that instructions to accept service have been given.

19. Immediately serve sealed Application for Divorceand Marriage, Families and Separation.

20. If the first attempt to serve failed serve again using an alternative service method.

Alternative methods of service

21. Use a process server.

22. Obtain and file an acknowledgement of service. File at the registry with a covering letter.

23. Obtain and file an affidavit of service.

24. Substituted service required.

25. Apply for dispensation of service under Reg 7.18 Family Law Rules 2004.

26. Service overseas.

Note: Inform the respondent at the time that the application is served if shortening of time sought.

IF DEFENDED APPLICATION

27. File and serve a response (objecting to jurisdiction) within 28 days of service.

28. Directions for further conduct of the matter.

29. Defended hearing.

DAY BEFORE HEARING

30. Remind the client of the hearing day.

31. Inform the client of Court process.

32. Ask the client if any change of circumstances has occurred between the date of filing and the hearing date.

HEARING

In the absence of the parties

33. Hearing in the absence of the parties.

In the presence of at least one of the parties

34. Prove the marriage - tender marriage certificate.

35. Establish jurisdiction -application should achieve this.

36. Prove the ground of divorce -application should achieve that.

37. Prove service - affidavit of service, acknowledgement of service, affidavit of proof of signature.

38. Show that proper arrangements have been made for the welfare of any children (s.55A FLA).

39. Seek leave to rely on client's affidavit evidence if any.

40. Advise the Court orally if any change in circumstances.

41. Divorce order pronounced.

ADVISE TO CLIENT AFTER THE HEARING

42. The outcome of the hearing and that one month for divorce order to take effect (s.55 FLA).

43. Status of his/her last Will -Wills Act 1970 s14A.

44. Twelve month limit for property and spousal maintenance applications to be filed from the date the divorce order took effect.

45. Change of beneficiaries of superannuation funds and insurance policies.

46. Mail divorce order to client with written advice about 41 to 44 above.