Getting a Divorce
Australia has a no-fault divorce system, and married couples can file for a divorce order through the Federal Circuit and Family Court of Australia if their marriage has broken down irretrievably. Essentially, this is shown by the parties having been separated for a period of at least twelve months, and, in some circumstances, this time may include a period of separation under one roof. If you have minor children, the court must be satisfied that suitable arrangements are in place for them before granting the divorce.
While divorce is a legal process, it can also be emotionally challenging, and our role as your solicitor is to guide you through the process with compassion and sensitivity.
De Facto Relationships
De facto couples can also access remedies under family law legislation. In some cases, you may need to prove that you were in a de facto relationship, and we can assist you with this. A number of factors will be considered to determine whether an unmarried couple were in a de facto relationship, for example, the length and nature of the relationship, financial dependence or interdependence, the care and support of children, or whether the relationship was registered under state law.
Property Settlements
When a couple separates, their assets and liabilities need to be divided in a fair and equitable manner. This can be a complex process, particularly if the couple has significant assets or if there are disputes over the value of certain assets. We work with our clients to understand their individual circumstances and to negotiate a fair property settlement on their behalf. In most cases, you will not need to go to court to do this. We can represent you in negotiations with your ex-partner’s solicitors and provide guidance in determining a fair outcome. Once reached, your agreement can be formalised in legally binding consent orders.
Children’s Matters
When a couple separates and they have children together, they need to make decisions about how they will share the care and responsibility for their children. This can include decisions about where the children will live, how much time they will spend with each parent, and how major decisions about their upbringing will be made.
The family law system in Australia requires that the primary consideration in all parenting matters is the best interests of the children. There is no concept of parental ‘rights’, and the notion of ‘custody’ no longer applies. Until recently, under the Family Law Act 1975, there was a rebuttable presumption that shared parental responsibility was best for a child. Recent reforms, however, have removed this presumption and parenting matters that come before the court will now be determined on a case-by-case basis and in consideration of a set of core factors. The best interests and safety of the children in all cases will be paramount.
It is usually in everybody’s interests to work out arrangements for their children without going to court. Your agreement can be documented in a parenting plan or formalised in consent orders which are filed with the court. If you cannot agree, you may need the court to decide. Unless exceptional circumstances exist, you will need to attend family dispute resolution before going to court.
Child Support
When parents separate, one parent may be required to pay child support to the other parent to help cover the costs of raising their children. Child support comprises regular or periodic contributions by one parent of a child to the other parent or carer, to meet the child’s ongoing welfare and maintenance. The amount of child support payable will depend on a range of factors, including the income of each parent and the care arrangements for the children. Separating parents can agree to these arrangements between themselves or apply for assessment through Australia’s child support scheme. We can assist with negotiating a fair child support arrangement and, if necessary, help apply for a child support assessment through the Department of Human Services.
For quality legal services and advice, contact [email protected] or call 02 88660188.