This article will discuss general family law advice in relation to the different areas of Australian family law.
Australian family law is a complex and ever-evolving field, with many different pieces that fit together to create a comprehensive framework for protecting and supporting families. From divorce and child custody to domestic violence and financial settlements, family law touches on some of the most important aspects of our lives.
These issues can involve difficult decisions about the future of your children, your finances, and your home. Hence, it is wise to seek legal advice from a qualified family lawyer to give you family law advice, help you understand your rights, and ensure that these rights are protected.
Five Key Points About the Australian Family Law
- The Family Law Act 1975. This is the primary source of Australian family law, covering what happens when there is a dispute about the care of children or dividing property after the end of a relationship.
- Jurisdiction. The Federal Circuit and Family Court of Australia has jurisdiction over family law matters, including applications for divorce, spousal maintenance, property and financial disputes, and parenting arrangements.
- Children’s rights. Under Australian family law, children have a right to enjoy a meaningful relationship with both their parents and to be protected from harm. A court must give greater weight to the need of protecting children from harm.
- Gender-neutral. The Family Law Act 1975 does not make assumptions about parenting roles.
- De facto relationships. Australian family law also covers de facto relationships, defined as two people who are not married but are in a relationship as a couple living together on a genuine domestic basis.
The Australian Family Law covers the following areas:
- Marriage and divorce
- De facto relationships
- Parenting orders and agreements
- Property and financial disputes
- Domestic and family violence
- Child custody, support, and visitation
- Adoption
- Surrogacy
Family Law Advice on Dealing With Issues
Family law issues can be some of the most complex and challenging life experiences people face. They can be emotionally charged, complex and often have far-reaching consequences for all involved.
Here’s some general family law advice for dealing with the most common family law issues:
Marriage and Divorce
- Seek support and advice from services that can help you through separation and divorce, such as counselling, family dispute resolution, and family violence prevention. You can find a list of services on the Relationships Australia and Family Relationships Online websites.
- Attempt to settle the dispute with your partner before going to court.
- Australian law does not look at whose fault it was during the breakdown of the marriage when considering a divorce application.
- To obtain a divorce, you must have been separated for at least 12 months.
- If you are having trouble resolving the issue, consider seeking legal advice.
De Facto Relationships
- Register your relationship. Each state has different requirements to register de facto relationships.
If you’re from NSW, you should contact the Registry of Birth, Deaths and Marriages office to work through the registration process. Registering your relationship can provide legal recognition and protection.
- Regarding property settlement, the court may make orders about the division of property and financial support for de facto partners. To make an order for property and maintenance issues, the court must be satisfied that the couple was in a de facto relationship for at least two years or a child was born of their de facto relationship.
- The family law courts can decide disputes about children from a de facto relationship, including disputes about parenting arrangements and child contact. The court will deal with issues relating to children from de facto relationships in the same way as children of married couples.
Child Custody and Support
- Focus on the best interests of the child when dealing with child custody and support issues. This means putting the child’s needs first and working towards a solution in their best interests.
- Seek legal advice when dealing with child custody and support issues. A lawyer can help you understand your rights and obligations and provide guidance on how to proceed.
- Mediation can be a valuable tool for resolving child custody and support issues. A mediator can help you and your partner work through your issues and find a mutually acceptable solution
- Understand the law regarding child custody and support in Australia. The Family Law Act 1975 governs child custody and support issues and guides how to resolve disputes. You can ask a family lawyer to clarify matters in the law that may confuse you.
To view other factsheets on family law topics, click here.
Property and Financial Disputes
- Attend Family Dispute Resolution (FDR). The family law courts require people applying for property settlements to make a genuine effort to resolve their matter before filing their application. You may attend Family Dispute Resolution, another mediation service, or try to resolve your matter with the help of a lawyer.
- If you agree on dividing your property, you can make an informal agreement.
- After successfully negotiating a property division, the terms must be formalised in a legally binding agreement. Hire a lawyer to draft the agreement.
- Cutting off your spouse/ex-partner from any income/resources post-separation and stopping paying all of the bills when they need financial support are common mistakes you must avoid to help you achieve a better outcome.
Get Family Law Advice From JB Solicitors
Protect your family’s future with the help of an experienced Australian family lawyer for de facto relationship or separation issues. We offer family dispute resolution services to allow you to reach amicable agreements in all family law disputes. Our lawyers can provide legal advice and legal services for many matters.
Our legal aid has helped many parties with their family relationships issues. It is necessary to seek legal assistance services as the law can be very complex. You can also contact community legal centres if you prefer to do so.
Having the proper legal representation to protect your interests and the interests of your loved ones can give you mental peace. Our experienced family lawyers at JB Solicitors can give you effective family law advice and help you with a variety of family law matters, including:
- Divorce and separation
- Child custody and support
- Property division
- Spousal maintenance
- Domestic and family violence
- Adoption and surrogacy
If you are facing a family law issue, don’t hesitate to contact a qualified family lawyer today. We can offer you the direction and assistance you require to successfully navigate the legal system and secure the best result for your family.
Contact us today for jargon free legal advice.