Leading Family and Divorce Lawyers in the Redlands

Family law deals with the financial and parenting arrangements between married and de facto spouses after the breakdown of their relationship and is governed primarily by the Family Law Act 1975 (Cth), alongside separate legislation concerning Child Support.

Family law is related to but distinct from the areas of Care & Protection (where the government takes legal action to ensure a child’s safety), and Domestic and Family Violence Protection. Most family lawyers practice in all areas.

Many individuals are able to successfully navigate their separation without ever needing to engage a Family Lawyer, although it is always best to get advice from a family lawyer shortly after separation to ensure you understand your rights and obligations and manage your risks, even when the separation is amicable.

You may also need family law advice or representation if you want to make sure an agreement with your ex partner is binding and enforceable, if you cannot resolve an important dispute about your children or property, or if you are seeking to enter in a pre-nuptial or de facto cohabitation agreement.

The family law system in Australia is designed to avoid court where possible, and unless a matter is especially urgent or involves family violence, separated couples are expected to make a genuine effort to resolve their disputes about parenting or property matters before commencing proceedings in Court.

Formalising an agreement via Consent Orders and getting divorced both involve making an Application to Court, although you will not need to personally attend the Court or speak to a Judge as part of an Application for consent Orders.

Whether you need to attend Court as part of a Divorce case depends on a variety of factors; including whether there are suitable parenting arrangements in place for children under 18 and whether or not the divorce is being contested.

This depends on the type and complexity of the matter and the unique circumstances of each family​​.

Cases that resolve via negotiation and do not involve contest court proceedings typically take 2 to 5 months to finalise, and cases involving contested proceedings in Court typically take 6 to 18 months, although there are exceptions to every rule.

Getting divorced involves making an application to the Federal Circuit and Family Court of Australia. Provided one or both of parties have sufficient ties to Australia and the marriage can be proved, a person may apply for divorce if their marriage has irretrievably broken down and they have been separated for at least 12 months.

You may be eligible to apply for divorce even if you have been living under the same roof as your ex during the 12 month separation period, but this involves extra steps that often result in additional costs, so you should always get legal advice if you are thinking about filing for divorce and have lived with your ex at any time in the preceding 12 months. Additional rules also apply to if the marriage is less than 2 years old.

The regarding property settlement is complicated and involves dividing assets and liabilities between the parties in a way that is ‘just and equitable’.  This typically means dividing the assets and liabilities according to each party’s contributions and future needs, but other considerations are taken into account if necessary to ensure the result is just and equitable.

Unless you are seeking to formalise an agreement via a Binding Financial Agreement, there is no legal obligation to involve a lawyer at any stage of your family law matter.

That said, it is always wise to get legal advice before entering into anything binding so that you do not accidentally agree to something you will later regret.

The process of formalizing an agreement about children or property settlement can also be overwhelming and complicated.

A family lawyer will help you navigate that process without the stress, and will ensure that whatever you agree to is recorded in a way that does not unintentionally expose you to risk.

Spousal maintenance typically involves one spouse making periodic payments to the other for a specified period of time.

Spousal maintenance payments are made separately from or additional to child support payments and lumpsum payments arising out of a property settlement.

You may be eligible for spousal maintenance if you are unable to support yourself adequately and your ex has the financial capacity to provide additional financial support.  

If you are able to establish that you are entitled to spousal maintenance, then the Court will make a decision as to how much the payments will be and how long they will last for by taking into account a long list of additional considerations that are set out in the Family Law Act.

The system offers a range of protections to survivors of domestic violence. This includes the power to order specific restraints (like in a Domestic Violence Order you might obtain via the Magistrates Court), as well as the power to prevent an abusive person from personally cross-examining their ex.

Separated De facto couples have the same rights and protections are separated couples who were/are married, however they often have to face the additional task of proving that the de facto relationship existed.