Family Law Australia - Matrimonial Solicitors & Lawyers

If your relationship (marriage or de-facto) has ended then you will need to make some decisions about separation. You may be unsure as to what your rights are with regard to custody of children, child support, spousal maintenance and the splitting of assets such as property and savings. You should contact our Australian Family Law solicitors as soon as possible for advice on how to ensure that your rights are fully protected in Australia and that legal conflict is kept to a minimum.

Our solicitors operate in Victoria, South Australia and New South Wales. If you would like obligation-free legal advice and/or cost-effective legal representation, complete the contact form and an Australian family law solicitor will contact you as soon as possible.

Parenting Orders

When a relationship breaks down, it is important to consider the welfare of the children involved. Decisions will need to be made as to which parent will have custody of the children, where the children will live, and who will pay for ongoing financial support. Our solicitors can provide advice regarding your rights and responsibilities relating to children spending time with or visiting the other parent.

Parental responsibility and living arrangements for children in separated families (formerly referred to as “child custody”, “residence” , “contact” or even “access”), need to be considered and decided upon, and by law, the best interests of the child is always the most important consideration.

Our solicitors can prepare parenting plans and apply to the court for parenting orders which cover the following areas :-

• Where a child will live. These are known as a “lives with order” (or ‘”residence order”).
• How often the child will spend time with each of their parents (“spend time with order”).
• How decisions will be made regarding the care of the child (“allocation of parental responsibility order”).
• The role that grandparents, step parents, and other important people will play in the lives of the child.

Parents need to be aware of their parenting obligations, the responsibilities imposed by any court orders and the consequences of contravention of the orders. The court may impose certain sanctions if a person is found to have breached a parenting order without reasonable excuse. For example, a person must not contrary to a parenting order remove a child from the care of a person, or fail to deliver or return the child to a person. The offender may be arrested and sentenced to imprisonment. The court may also make a location order or a recovery order in relation to the child.

The law presumes that it is in the child’s best interests for the child’s parents to have equal shared parental responsibility. This means that parents should consult each other with respect to decisions affecting the child on matters such as health, education, religion. The presumption does not apply if there are reasonable grounds under certain circumstances, for example, a parent who has engaged in abuse or family violence.

A parenting order cannot be made unless the parties have had a counselling conference, although the court may dispense with this requirement if there is an urgent need for the parenting order, or it is not practicable to force the parties to attend a counselling conference.

The court’s decision to make a parenting order in relation to a child, will come down to what the court sees as being in the best interests of the child. The court will also consider other factors such as: views expressed by the child; the relationship between the child with each of the parents; the capacity of each parent to provide for the needs of the child; the maturity, lifestyle and background of each parent.

A parenting order in relation to a child may be made in favour of a person or persons other than the parent of that child, for example, a grandparent. In some cases, the court may find that the child is better off being in the care of a non-parent rather than one of its parents. The best interests of the child are the paramount consideration.

Child Maintenance

If you are the primary carer for your children then we can help you to check whether the amounts of the child support payments are correct. If you are not receiving payments at all we can also take action.

Property Division

Our solicitors can advise you of your rights in Australia under the Family Law Act and make recommendations as to the best way to divide property and reach a property settlement. A property settlement will take into consideration the couple’s assets such as real estate, shares, savings, investments, cars, furniture, jewellery, superannuation, as well as liabilities.

Property disputes are best resolved through conciliation and early settlement without resorting to the expense and trauma of litigation. If however, despite best efforts, a financial agreement cannot be reached, then a court hearing is the only alternative available to resolve the dispute.

Spousal Maintenance

A maintenance order is generally an order for the payment of money, whether in a lump sum or by installments, for the support of the person to be maintained. A party to a marriage is liable to maintain the other party, if the other party is unable to support himself or herself adequately because the care for children under the age 18 or because of their age or health are unable to work. The income, property and financial resources of each of the parties are to be taken into account by the court when determining an order for spousal maintenance. A substantial property order may make an order for spousal maintenance unnecessary, or may affect the amount of any maintenance order.

Financial Agreements

Financial agreements (also known as “binding financial agreements”) may be entered into by married couples and de facto couples (same sex and opposite sex). These written agreements cover the distribution of property and/or spousal maintenance in the event of a marital or relationship breakdown.

Financial agreements can be made before marriage or before the commencement of a de facto relationship; during marriage (including after separation) or during a de facto relationship; and after divorce or at the end of a de facto relationship.

Australian Family Lawyers

Our accredited specialist Family Lawyers will promptly return your telephone calls, take the time to answer your questions, and will communicate with you in plain English. If you would like obligation-free legal advice on any family law matter in NSW, South Australia or Victoria, complete the contact form or send an email.