The end of a long-term relationship is a challenging time for all involved. Not only is the emotional toll high, but the technicalities of sorting out who is entitled to what, are additionally stressful.
When there are children involved, a couple is not just considering what’s right for them independently but also the wellbeing of others now and into the future.
If your relationship has broken down, or negotiations have reached an impasse, here’s what you need to know about family law.
Mediation
Mediation is the first port of call for couples struggling to come to an agreement about the custody and arrangements for their children.
The aim here is to consider available options and arrive at an amicable decision about custody, access, and finances without the need to go to court.
Topics often covered as part of mediation include:
- Parenting plans for child custody and visitation
- Child support and enforcement of payments
- Parental rights, father’s rights and grandparent’s rights
Mediation can be informal or, in more complex situations, require Family Dispute Resolution involving a neutral and accredited Family Dispute Resolution practitioner.
Under Australian Family Law, it is compulsory for separated parents to attempt Family Dispute Resolution before applying to a family law court for parenting orders.
Property and financial entitlements
Most relationships come with a legacy of earnings, investments and property that has been acquired over the time a couple was together. Deciding who is entitled to what is an important and at times, stressful element of the separation process.
You and your partner can agree on the disbursement of property and assets without the involvement of a court and have this formalised as part of a divorce or separation.
If you cannot come to an agreement, you can apply to a court for financial orders, including orders relating to the division of property and payment of spouse or de-facto partner maintenance.
If a court decision is required, a judicial officer will seek information about your debts and assets, the history of contributions by each party, indirect contributions made by each party (such as inheritances and gifts), non-financial contributions such as caring for children and home making, and future requirements (such as health needs, caring for children, ability to earn and financial resources).
The judicial officer will then use this information and any further evidence to arrive at a decision that they believe is just and equitable based on the unique facts of your case.
De-facto relationships
De-facto relationships are now viewed by the Family Court of Australia in a similar manner to married couples when it comes to child custody and financial resolution after separation.
Under the law, de-facto is defined as a couple who may be of the same or opposite sex and have had a relationship as a couple living together on a genuine domestic basis.
Divorce
Defined as the legal dissolution of a marriage, Australia has recognised the principle of no-fault divorce since 1975. That means the court does not consider why the marriage ended, but recognises that a marriage has broken down with no reasonable likelihood that the parties will get back together.
While a divorce dissolves a marriage, it does not determine issues of financial support, property distribution or arrangements for children.
Our family law services
At T & T Lawyers we understand that family law matters can be stressful and emotional for all parties involved. You can rely on our family lawyers to guide and assist you through the process.
Our expertise includes:
- Prenuptial agreements (prenups)
- Divorce in Australia including preparing and serving divorce papers
- Legal separation issues
- Annulment of marriages
- Spousal maintenance
- Property settlements
- Binding Financial Agreements
- Domestic and family violence and apprehended violence orders (AVOs)
- Family mediation
- Legal representation at Family Court
- Children’s issues
- Child support and enforcement of payments
- Parenting plans for child custody and visitation
- Parental rights, father’s rights and mother’s rights
About T & T Lawyers
T & T Lawyers is a dynamic and progressive Sydney-based firm offering sound advice, effective strategies and the best possible outcomes in all areas of law.
You can learn more about our services here, or contact us directly for further advice.
