Family Law

Our Firm can provide assistance for a range of matters relating to family law and de facto relationships, including:

Marriage, De Facto Divorce Law

  • Prenuptial agreements (prenups)
  • Divorce in Australia including preparing and serving divorce papers
  • Legal separation issues
  • Spousal maintenance
  • Property settlements
  • Binding Financial Agreements
  • Domestic and family violence and domestic violence orders (DVOs)
  • Family Mediation

Children’s Issues

  • Child support enforcement of payments
  • Parenting plans for care arrangements for children
  • Parenting Orders
  • Guardianship of children
  • Adoption

FAQ's

How is property divided when couples separate?

Property division in a separation which attracts jurisdiction of Family Law involves a four-step process:
- Identifying and valuing the property pool.
- Assessing the contributions of each party.
- Considering the future needs of each party.
- Ensuring the division is just and equitable.

What factors does the court consider in property settlements?

The court considers various factors, including:
- Financial and non-financial contributions.
- Future needs, such as age, health, and earning capacity.
- The care and control of children.
- Any other relevant circumstances.

How are post-separation parenting arrangements determined parties cannot agree?

Child custody, now referred to as "parental responsibility," is determined based on the best interests of the child.
The court considers factors such as the child's relationship with each parent, the child's wishes, and the ability of each parent to provide for the child's needs.
Most importantly parents to do have rights over children. They have responsibilities to them. They are not assets to be divided!

What is the best interests of the child principle?

The best interests of the child principle is the paramount consideration in all parenting matters.
The court considers factors such as the child's safety, the benefit of having a meaningful relationship with both parents, and the child's views and preferences.

How long do I have to apply for a property settlement?

For married couples, an application for property settlement must be made within 12 months of the divorce becoming final.
For de facto couples, the application must be made within 2 years of the relationship ending.


Our Family Law Team