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Family Law Australia

Family Lawyers Australia

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.

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

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

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

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

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

Frequently Asked Question

Family law in Australia is the area of law that deals with legal issues related to family relationships. This can include issues such as marriage, divorce, child custody and support, property division, and domestic violence, among many others.

In Australia, family law is primarily governed by federal laws, as well as by state and territory laws. The federal Family Law Act 1975 sets out the general legal framework for family law in Australia, and establishes the Family Court of Australia and the Federal Circuit Court to hear and decide cases involving family law issues.

In addition to the Family Law Act, each state and territory also has its own laws and regulations relating to family law. These laws may provide additional details or specific rules that apply to family law cases in that particular jurisdiction.

Overall, family law in Australia is designed to provide legal protections and support for individuals and families who are dealing with family-related legal issues. This includes providing legal remedies for issues such as divorce and child custody, and establishing the legal rights and responsibilities of individuals and families in relation to these issues.

There is no specific distance that separated parents are required to live from each other in Australia. However, the Family Law Act 1975 does require that parents make reasonable arrangements for their children to have regular contact with both parents after separation.

In general, the court will consider a number of factors when determining what constitutes reasonable arrangements for children’s contact with their parents after separation. These can include the age and needs of the children, the parents’ availability and willingness to facilitate contact, and any other factors that may affect the children’s ability to have regular contact with both parents.

In some cases, the court may order that parents live within a certain distance of each other in order to facilitate regular contact between the children and both parents. This can be particularly relevant in cases where one parent has primary care of the children and the other parent has limited contact with the children.

Overall, the issue of how close separated parents should live in Australia is one that is determined on a case-by-case basis, taking into account the specific circumstances of the parents and the children involved.

To find court judgments on family law cases in Australia, you can search for the judgments on the website of the relevant court. In most cases, this will be the Family Court of Australia or the Federal Circuit Court.

To search for a judgment, you will need to visit the website of the relevant court and use the court’s online search tool. This will typically require you to enter some information about the case, such as the names of the parties involved, the date of the judgment, or the court file number.

Once you have entered this information, the court’s online search tool will provide you with a list of judgments that match your search criteria. You can then review the list of judgments to find the one that you are looking for.

Alternatively, you can also search for judgments on family law cases in Australia by using an online legal database, such as AustLII or the Commonwealth Courts Portal. These databases provide access to a wide range of court judgments, including judgments from the Family Court of Australia and the Federal Circuit Court.

Overall, finding court judgments on family law cases in Australia is a straightforward process that can be done using the online search tools provided by the relevant court or by using an online legal database.

Family law in Australia is primarily governed by federal laws, as well as by state and territory laws. The federal Family Law Act 1975 sets out the general legal framework for family law in Australia, and establishes the Family Court of Australia and the Federal Circuit Court to hear and decide cases involving family law issues.

In addition to the Family Law Act, each state and territory also has its own laws and regulations relating to family law. These laws may provide additional details or specific rules that apply to family law cases in that particular jurisdiction.

Overall, family law in Australia is a mix of federal and state/territory legislation. The federal laws provide the general framework for family law in Australia, while state and territory laws may provide additional details or specific rules that apply to family law cases in those jurisdictions.

Mediation is not mandatory in family law cases in Australia. However, the court may require the parties to attend mediation or other forms of dispute resolution before proceeding with a court hearing.

Under the Family Law Act 1975, the court has the power to order the parties to attend mediation or other forms of dispute resolution in order to attempt to resolve their dispute without going to court. This is known as compulsory mediation or compulsory dispute resolution.

Compulsory mediation or compulsory dispute resolution is typically ordered by the court when the parties have been unable to reach an agreement through voluntary mediation or other forms of dispute resolution. In these cases, the court may order the parties to attend mediation or other forms of dispute resolution in order to attempt to resolve their dispute before proceeding with a court hearing.

Overall, while mediation is not mandatory in family law cases in Australia, the court may require the parties to attend mediation or other forms of dispute resolution as a condition of proceeding with a court hearing.

Under Australian family law, the term “family” typically refers to individuals who are related by blood, marriage, or adoption. This can include parents, children, siblings, grandparents, aunts, uncles, and cousins.

In addition, the term “family” can also refer to individuals who are not related by blood, marriage, or adoption, but who are considered to be part of the family by virtue of their close personal relationship. This can include de facto partners, step-parents, step-children, and other individuals who have a close personal relationship with the family.

Overall, the term “family” under Australian family law is broad and can include a wide range of individuals who are related by blood, marriage, or adoption, as well as those who have a close personal relationship with the family.

In Australian family law, guardianship refers to the legal responsibility for the care and wellbeing of a child. This responsibility is typically held by the child’s parents, but may also be held by other individuals or organizations in certain circumstances.

Under the Family Law Act 1975, a child’s parents are considered to be the child’s guardians, unless a court has made an order to the contrary. This means that the parents are responsible for making decisions about the child’s care and wellbeing, including decisions about the child’s education, health, and religious upbringing.

However, in some cases, a court may make an order appointing another individual or organization as the child’s guardian. This can happen in a variety of circumstances, such as if the child’s parents are unable or unwilling to care for the child, or if the child is in need of protection.

In these cases, the court-appointed guardian will be responsible for making decisions about the child’s care and wellbeing. This may include decisions about where the child will live, who the child will have contact with, and other important matters relating to the child’s care and wellbeing.

Overall, guardianship in Australian family law refers to the legal responsibility for the care and wellbeing of a child. This responsibility is typically held by the child’s parents, but may be held by other individuals or organizations in certain circumstances.

Under Australian family law, the term “child” refers to an individual who is under the age of 18 years. This means that any person who has not yet reached their 18th birthday is considered to be a child for the purposes of family law.

The definition of a child under Australian family law is consistent with the definition of a child under other areas of law in Australia. For example, the definition of a child under the Family Law Act 1975 is the same as the definition of a child under the Children, Youth and Families Act 2005 (Vic) and other state and territory laws.

Overall, the definition of a child under Australian family law is an individual who is under the age of 18 years. This means that any person who has not yet reached their 18th birthday is considered to be a child for the purposes of family law.

There have been many famous family law cases in Australia over the years. Some of the most notable examples include:

  • The High Court case of Attorney-General (NSW) v Quin (1990), which established the principle that the state has a duty to protect the rights of Indigenous children and to provide them with the same opportunities as non-Indigenous children.
  • The High Court case of Re Kevin (1991), which established the principle that the best interests of the child are the primary consideration in all decisions affecting the child’s care and wellbeing.
  • The High Court case of Baumgartner v Baumgartner (1993), which established the principle that property settlements in divorce cases should be based on the principle of fairness, rather than on a fixed formula or percentage.
  • The High Court case of B and B (1994), which established the principle that the court should consider the views of the child when making decisions about the child’s care and wellbeing.
  • The High Court case of Re Jodie and Mary (1997), which established the principle that a court can make orders allowing a child to be removed from their parents’ care if it is in the child’s best interests.

Overall, these and other famous family law cases in Australia have helped to shape the legal landscape and have established key principles that are now applied in family law cases throughout the country.

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