Family: Country Q&A tool

Search the Country Q&A in the Family Global Guide by question and jurisdiction.

Step 1: Check the boxes to select the questions and the jurisdictions for comparison.
Step 2: Click the "submit" button.
Step 3: Scroll down to view answers and check law stated dates for each jurisdiction.

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Jurisdiction and conflict of law

Regulatory framework

1. What are the primary sources of law in relation to marriage, marital breakdown and the welfare of children and give a brief overview of which courts will have jurisdiction to hear the dispute?
 

Jurisdiction

2. What are the main requirements for local courts to have jurisdiction in relation to divorce, property and children proceedings?
 

Domicile and habitual residence

3. How do the concepts of domicile and habitual residence apply in relation to divorce, financial arrangements, and children?
 

Conflict of law

4. What procedure applies for a party applying to stay proceedings in favour of a foreign jurisdiction? What factors do local courts take into account when determining forum issues?
 

Pre- and post-nuptial agreements

Validity of pre- and post-nuptial agreements

5. To what extent are pre- and post-nuptial agreements binding?
 

Divorce, nullity and judicial separation

Recognition of foreign marriages/divorces

6. Are foreign marriages/divorces/civil partnerships recognised?
 

Divorce

7. What are the grounds for divorce?
 

Finances/capital and property

8. What powers do the courts have to allocate financial resources and property on the breakdown of marriage?
 
9. What factors are relevant to the exercise of the court's powers?
 
10. What is the court's current position on the division of assets?
 

Finances/maintenance

11. How does ongoing spousal maintenance operate following marital breakdown?
 
12. Is it common for maintenance to be awarded on marital breakdown?
 
13. What is the court's current position on maintenance on marital breakdown?
 

Child maintenance

14. On what basis is child maintenance calculated?
 

Reciprocal enforcement of financial orders

15. What is the legal position on the reciprocal enforcement of financial orders?
 

Financial relief after foreign divorce proceedings

16. What powers are available to the court to make orders following a foreign divorce?
 

Children

Custody/parental responsibility

17. What is the legal position in relation to custody/parental responsibility following the breakdown of a relationship or marriage?
 
18. What is the legal position in relation to access/contact/visitation following the breakdown of a relationship or marriage?
 

International abduction

19. What is the legal position on international abduction?
 

Leave to remove/applications to take a child out of the jurisdiction

20. What is the legal position on leave to remove/applications to take a child out of the jurisdiction? Under what circumstances can a parent apply to remove their child from the jurisdiction against the wishes of the other parent?
 

Surrogacy and adoption

Surrogacy agreements

21. What is the legal position on surrogacy agreements?
 

Adoption

22. What is the legal position in relation to adoption? Is adoption available to individuals and cohabiting couples (both heterosexual and same-sex)?
 

Cohabitation

23. What legislation (if any) governs division of property for unmarried couples on the breakdown of the relationship?
 

Family dispute resolution

Mediation, collaborative law and arbitration

24. What non-court-based processes exist to resolve disputes? What is the current status of agreements reached through mediation, collaborative law and arbitration?
 
25. What is the statutory basis (if any), for mediation, collaborative law and arbitration?
 

Civil partnership/same-sex marriage

26. What is the status of civil partnership/same-sex marriage? What legislation governs civil partnership/same-sex marriage?
 

Controversial areas and reform

27. What areas of the law (if any) are currently undergoing major change? Which areas of law are considered to be particularly controversial?
 
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