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.