Family Law FAQs

If you are facing a legal issue involving separation, divorce, parenting disputes, or financial matters, consulting a family lawyer can help you understand your rights and obligations. Even if your matter is amicable, a lawyer can ensure your agreements are legally sound and enforceable. Seeking legal advice early can help you avoid costly mistakes and future disputes.

Separation occurs when a couple decides to live apart, whereas divorce is the legal termination of a marriage. In Australia, you must be separated for at least 12 months before applying for a divorce. Separation may impact parenting arrangements, financial settlements, and legal obligations, even if you are not formally divorced.

Property settlements in Australia follow a four-step process that considers assets, liabilities, financial contributions, and future needs. The court assesses what is fair and equitable rather than applying a strict 50/50 split. Negotiations can occur through mediation or legal representation, and if no agreement is reached, the court may decide the division.

The court prioritises the best interests of the child when determining custody arrangements, considering factors such as stability, safety, and the child’s relationship with each parent. Parental responsibility can be shared or sole, depending on circumstances like family violence or neglect. Courts encourage cooperative co-parenting, but legal intervention may be necessary if disputes arise.

Parenting arrangements are based on factors such as each parent’s ability to provide for the child’s emotional and physical needs, their involvement in the child’s life, and any risks of harm. The court considers whether equal shared parental responsibility is appropriate and whether time with each parent should be substantial or limited. Mediation is encouraged before court proceedings, except in urgent or high-risk cases.

A Binding Financial Agreement (BFA) is a legal contract that outlines how a couple’s assets and finances will be divided in the event of separation. It can be entered before, during, or after a relationship and helps avoid costly disputes. While not mandatory, having a BFA can provide financial certainty and protect individual assets.

Changing a child’s surname after separation requires the consent of both parents or a court order. The court considers whether the change is in the best interests of the child, including factors such as the child’s relationship with each parent and the potential impact on identity. If the other parent objects, an application to the court may be necessary.

De facto couples in Australia have similar legal rights to married couples regarding property settlements, parenting arrangements, and spousal maintenance. To qualify as a de facto relationship under family law, the couple must have lived together for at least two years or have a child together. If the relationship ends, parties can seek property settlements through negotiation, mediation, or the Family Court.

To apply for a divorce, you must be separated for at least 12 months and file an application with the Federal Circuit and Family Court of Australia. The application can be lodged online, and if there are children under 18, a court hearing may be required to ensure proper parenting arrangements are in place. Divorce does not resolve financial or property matters, which must be addressed separately.

Spousal maintenance is financial support paid by one partner to the other after separation if they cannot meet their own reasonable expenses. The court considers factors such as income, financial needs, health, age, and caregiving responsibilities. It is not automatic and depends on the financial capacity of both parties.

Domestic violence can significantly affect parenting arrangements, property settlements, and court proceedings. Courts prioritise the safety of children and may restrict a parent’s access if there is evidence of violence or risk of harm. Victims can seek protection through an Apprehended Domestic Violence Order (ADVO) and legal representation to safeguard their rights.

If your ex-partner fails to comply with court orders regarding parenting arrangements, property settlements, or financial support, you can apply for enforcement through the court. The court may issue penalties, vary orders, or, in serious cases, impose fines or imprisonment. Seeking legal advice promptly can help you understand your options and take appropriate action.

Relocating with a child after separation requires either the other parent’s consent or a court order. The court considers factors such as the impact on the child’s relationship with both parents, schooling, and overall welfare. If relocation is disputed, legal proceedings may be necessary to determine the best interests of the child.

When selecting a family lawyer, consider their expertise, accreditation, and experience handling cases similar to yours. Look for a lawyer who provides clear communication, practical advice, and a strategic approach tailored to your situation. Accredited specialists in family law, like those at Our Lawyers, offer in-depth knowledge and professional representation.