Family Law
Our family lawyers provide assistance for a range of matters relating to family law and de facto relationships, including:
Marriage, De Facto, Divorce Law
- Divorce in Australia including preparing and serving divorce papers
- Legal separation issues
- Annulment of marriages
- Property settlements and spousal maintenance
- Binding Financial Agreements and pre-nuptial agreements (pre-nups)
- Domestic and family violence orders (AVOs)
- Family Mediation
- Legal Aid for family law matters
- Legal representation at the Federal Circuit and Family Court of Australia
Children’s Matters
- Child support and enforcement of payments
- Parenting plans and parenting orders
- Parental rights, father’s rights and grandparent’s rights
- Adoption and guardianship of children
- Children’s Court
Steps to Consider after Separation
Separating from your partner or spouse is a challenging time and it can be difficult to work out what steps to take next. Getting professional advice after a breakup can help to ensure your rights are protected and that any property and/or parenting concerns can be dealt with as seamlessly as possible. Following are some practical considerations after separation:
- Keep your children’s best interests in mind – put differences aside and, unless there are extenuating circumstances, try to work out arrangements that foster a good relationship with both parents.
- Prepare a list of assets, liabilities and financial resources – include all property and liabilities whether held jointly or individually.
- Obtain originals or copies of important documents like passports, marriage certificates, birth certificates and insurance policies.
- Keep a chronology of events and timelines, for example, the date that you separated, the date you or your partner moved out of the family home, etc.
- Keep assets insured – your home, other property, motor vehicles, boats, etc.
- Update passwords and login details for online banking accounts, email accounts, and social media platforms, etc.
- Contact Centrelink – Services Australia to see if you are entitled to government or other assistance.
- Contact your bank to discuss joint loan and savings accounts, credit cards, or any other aspect of your everyday banking.
- Get legal advice to protect your interests and review or make a new Will.
Property Settlement
When a couple gets together, they usually pool their assets and resources. For some, this may simply mean buying some furniture together. For others, it involves a history of working towards long-term financial goals. When the relationship ends, the couple will need to divide this property and family law sets out a formula for doing so.
Australia’s family law system provides protections to ensure that each party receives a fair share of the joint property pool. Determining what is ‘fair’ depends on what each party brought to the relationship, how each person contributed during the relationship and each person’s future economic needs.
It is important to know that ‘contributions’ to a relationship are not just from paid employment. Family law recognises that domestic contributions (whether this is childcare, household duties, or emotional and social support) are critical to the achievement of financial goals.
You will not need to go to Court if you come to an agreement with your ex-partner. A property settlement is often achieved through negotiation and with the assistance of the parties’ respective lawyers. Arrangements can be formalised in written consent orders and filed with the Court to make them legally binding. We can help you determine what percentage of the total property pool you should seek and assist you with negotiations to finalise your property settlement.
If you cannot agree on how to divide your property, or where there are very complex issues involved, you may need to go to Court. We can help you navigate the family court system and represent you in court proceedings.
Even couples who separate on good terms should get independent legal advice to ensure their rights are protected and a reasonable outcome can be obtained. Informal agreements are generally not binding and cannot be enforced.
Children’s Matters
The focus of the parenting rules in the family law system is the ‘best interests’ of the child. The law starts from the presumption that it is best for a child to have an active relationship with both parents. There is no concept in Australian family law of parental ‘rights’, only of parental ‘responsibilities’. There is also no such thing as ‘custody’ of a child, only their ‘care’.
The starting point is that both parents have equal and shared responsibility for their child. This means that each parent is equally responsible for the care and support of children and contributes equally to important decisions concerning their children. Shared responsibility does not necessarily mean that a child will spend equal time with each parent. This will depend on the circumstances of each case, although, there is generally a presumption that a child will spend significant time with each parent.
Agreed parenting arrangements for your children can be dealt with in written parenting plans, or formalised in parenting orders which are approved by the Court and legally binding.
If you are unable to resolve your parenting issues, then the Federal Circuit and Family Court of Australia can make binding orders. Parents wishing to initiate court proceedings will in most cases be required to attend compulsory family dispute resolution before doing so.
If you need assistance, contact [email protected] or call 07 3733 1390 for expert legal advice.