Family Law

Navigating family law matters can be a complex and emotionally challenging experience. Whether you are facing a divorce, a parenting dispute, or other family related legal issue, understanding your rights and options is essential. Our family lawyers can provide comprehensive guidance, insight and resources to help you through a range of family law issues.

Divorce and Separation

Divorce is the legal dissolution of a marriage. In Australia, the sole ground for divorce is the irretrievable breakdown of the marriage, which is typically evidenced by a 12-month separation period. The process involves filing an application with the Federal Circuit and Family Court of Australia and, in some cases, attending court.

Many couples can resolve issues related to property division, spousal maintenance, and parenting arrangements without going to court. Before taking a matter to court, mediation and other alternative dispute resolution methods are encouraged (and usually compulsory) in an effort to reach amicable agreements.

Parenting Arrangements

Parenting arrangements outline how parents will share responsibility for their children, including living arrangements, decision-making, and communication. These arrangements can be outlined in a parenting plan or through consent orders. Of course, the well-being of your children and minimising the impact on them of separation and divorce will be a priority throughout this process. If parents are unable to agree on the arrangements for their children, the court considers various factors when determining such matters with the best interests of the children being the paramount consideration.

De Facto Relationships and Same-Sex Couples

Heterosexual and same-sex de facto couples are recognised in Australia as having similar legal rights and obligations to married couples. In determining whether a couple has been in a de facto relationship, several factors are relevant, including the duration of the relationship, financial dependency, and the care and support of children.

De facto relationships can be just as complex as marriages when it comes to legal rights and responsibilities. We can help you with all aspects of de facto relationship law, including property division, child support, and parenting arrangements.

Financial Agreements and Property Settlements

A property settlement involves the division of assets, liabilities, and financial resources between a separated couple to legally finalise their financial affairs. Formalising a property settlement helps the parties to move on with their respective financial lives and may also facilitate certain stamp duty concessions when transferring assets such as real estate.

A property settlement can be achieved through a financial agreement, consent orders, or court hearing. When finalising a property settlement, each party should receive independent legal advice and understand the legal and financial effects of the proposed settlement.

In some cases, spousal maintenance may be awarded if one partner is unable to support themselves adequately after separation and the other partner is in a financial position to support the applicant.

Time limits apply for making an application with respect to a property settlement, so we recommend speaking to one of our experienced lawyers as soon as possible.

After separating from your partner or spouse, you should also consider preparing a new will that takes into account your new circumstances to ensure that your property is dealt with according to your wishes in the event of your death.

How Can We Help?

In addition to the above matters, family law encompasses a range of other issues such as family/domestic violence, child abduction, international family law matters, wills and estate planning. Navigating family law matters in Australia can be overwhelming, but seeking professional legal advice can help you understand your rights so you can make informed decisions. Our experienced and empathetic family lawyers can guide you through the legal process, protect your interests, and help you secure the best possible outcome for you and your family.

If you need assistance, call 02 9266 0688 or email [email protected].