FAMILY LAW

The scope of Family Law is very wide;

  • Is the process expensive? 
    • YES IT CAN BE, it’s best to try to settle things amicably.
    • Must we go to court or can we settle things privately?
    • Must I use a lawyer?  NO, but it’s wise to do so.
  • Separation and divorce
    • Must we go to court for a divorce?
    • Whose fault?
    • Can I have a prenuptial agreement?
  • De-facto relationship
    • You have similar rights to a married couple, if you have been together for a sufficiently long period.
  • Support for former spouse
    • The court may make orders it considers just and reasonable, for one former spouse to support the other
  • Children
    • The Family Law Act 1975 focuses on the rights of children and the responsibilities that each parent has towards their children, rather than on parental rights.
    • The Act aims to ensure that children can enjoy a meaningful relationship with each of their parents and are protected from harm.
    • The parents have equal responsibility for the children, can our shares of responsibility be changed?
    • How do I make a parenting plan?  Is it enforceable?
    • With whom do the children stay?
    • Who pays for the child support?
    • How are important decisions about children to be made?
    • What is a Family Dispute Resolution Partitioner?  Must I use one? IF THERE ARE KIDS INVOLVED, YES!
  • Finances
    • What share of the family assets are the parties entitled?
    • What about the relative contributions to the family assets?
    • How is superannuation treated?
    • What if the marriage is only short duration?
    • What if we have a de-facto relationship?
    • What about the relative earning capacities of the parties?
  • Domestic violence
    • If there is any violence, CONTACT THE POLICE
    • There are resources available, such as women’s refuges for women in danger.