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Family Law

Go To Court Lawyers’ dedicated family law specialists will give you practical, clear and timely advice. Our lawyers understand that that you are going through a difficult and upsetting time. They will take some of the pressure off you by providing user-friendly advice and letting you know all your options.

Whether you are going through a divorce or property settlement, negotiating arrangements for care of children, disputing or seeking to enforce a child support assessment, or dealing with a spousal maintenance claim, our supportive team of family lawyers will be there to help you get the outcome you want.

Family Law Overview

Divorce | Property | Parenting | Maintenance | Court

Getting divorced

Australia has a ‘no fault’ divorce system. This means that it is not necessary to establish whose fault the breakdown of a marriage is. A person who has been separated from their spouse for at least 12 months can apply for a divorce if the marriage has broken down irretrievably. The couple can also apply together.

A family lawyer will help you to prepare or respond to a divorce application, locate your spouse, and serve them with the documents.

Read More: Divorce in Australia

Your lawyer will attend court on your behalf and obtain the divorce order.

Divorce Information

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Obtaining property orders

When a couple separates, it is often necessary to seek orders setting out how their asset pool is to be divided between the parties. A five-step test is used to determine the entitlements of separating partners.  

A Go To Court family lawyer can help you to negotiate with your ex to try to achieve a favourable property settlement out of court. If this is not possible, your lawyer will take your matter to trial and fight for the best possible outcome.

Property Information

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Negotiating parenting arrangements

When a couple separates and there are children who are still under 18, it is usually necessary for the parties to negotiate arrangements for the children’s care. In some cases, this may be able to be done informally; in others, a written agreement will need to be drawn up or orders obtained from the court, either by consent, or after a trial.

Our talented family lawyers will help you to arrive at a parenting arrangement that suits the needs of your children, whether this means negotiating with the other parent, attending mediation or making an application to the Federal Circuit and Family Court of Australia (FCFCA) for parenting orders.

Read More: Children’s Court or Family Court

Parenting Arrangements Information

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Seeking spousal maintenance

Sometimes at the time of separation, one partner is financially dependent on the other and is unable to support themselves for a particular reason, such as illness or because they have the full-time care of children. In this situation, an application for spousal maintenance may need to be made.

Spousal maintenance is generally paid when there is a significant difference between the incomes of the spouses. It may be paid by agreement between the parties, or after the court has made an order for the payment of spousal maintenance.

If you need to seek spousal maintenance from your ex, contact Go To Court’s family lawyers.

Read More: Spousal Maintenance

Spousal Maintenance Information

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Taking a family law matter to court

When a family law matter cannot be resolved through negotiations between the parties or at mediation, it may become necessary to make an application to the court. Your Go To Court family lawyer will prepare an application or response and the affidavit material required. They will explain  the procedural steps that will follow, outline all your options and advise you of the possible outcomes.

Read More: Family Law Appeals

Family Law Litigation Resources

Family Law Cases

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