Everything You Need to Know About Australia’s Family Law

We all dream of building a family of our own where we can live in a beautiful house, raise our children and create a life with our spouse. But behind that dream, there’s also the reality that a lot of family issues exist, and sometimes, they get so out of hand that family lawyers in Sydney need to intervene.

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Now if you’re going through one or more of these issues and you have little idea about how family law works in Australia, here are some things that you need to know:

Crucial Matters About Australia’s Family Law

• No matter what the circumstance, your children’s best interests should be a top priority. Children in Australia are protected by the law against any form of abuse or harm, and they have rights that need to be heard and respected by their parents. If you’re going through a separation with your spouse, you need to make sure that your parenting will stay intact by knowing your responsibilities well. You must be able to provide for your children’s basic needs as well as their health, education and growth.

Depending on the case, the court can determine these responsibilities that you have to adhere to if you don’t want to get into trouble. The law also puts a lot of emphasis on the importance of time spent with each parent. This is why living arrangements are decided during the court process based on what’s best for the interest of the children. In most cases, the children get to live with one of the parents but have scheduled visits or living time with the other parent. This is done to ensure that children get to keep a normal life despite the changes in the family dynamics.

• The court recognises the importance of equally dividing assets and finances in the instance of a separation as well as keeping the financial responsibilities of spouses to support the children for the long term. So if you plan on getting separated, your finances will be checked by the court to determine your individual assets and liabilities and make sure that proper division is made based on the circumstances.

The court also determines both the financial and non-financial contributions of each party, especially when children are involved. This helps to ensure that the kids get to have a secured future where all their needs are provided for by their parents despite the separation. Financial division is, in fact, applicable to both marital and de facto partnerships as determined by the Federal Circuit and Family Court.

• Family violence is still rampant in Australia with 27% of Australian women reporting that they’ve experienced abuse or violence from a family member or an intimate partner at some point in their lives. A lot of women and children still report assaults and abuse daily, which means that this matter should be taken more seriously.

If you’re a victim of family violence, be informed that you are protected by the law, and you can file a case against your perpetrator for abuse—physical, emotional, psychological and even economic abuse. You just need to work with the right family lawyers who can guide you in navigating through the process of claiming your rights against your abuser.

• If you can’t resolve the issues within your marriage and decide that a separation is the best option, you have to file for a divorce under the court of law, which will be handled by Australia’s Federal Circuit and Family Court. You will need to present your reasons for the divorce and let the court finalise your separation legally, putting into writing all the terms that you need to follow, especially in raising your children.

• Child support is another important matter in family law that a lot of parents still fail to follow. Raising children is no easy task, which is why both parents should be responsible for parenting even if their marriage fails or the relationship isn’t working anymore. If you’re seeking child support, you have to file your case with the Child Support Agency that will in turn raise it to the court where proper child support is mandated to the concerned parent.

When to Hire a Family Lawyer

• Filing for Divorce

A separation can be a very stressful time for you and your partner. With emotions involved, it’s best to let a team of family lawyers handle the filing, so you have someone to guide you through the process of filing for a divorce. They can help you prove that you meet the legal grounds for such, offer counselling when you need it and represent you well in court.

• Child Support

The law makes it clear that a child’s welfare should always be protected when a family unit breaks down. This means that proper parenting responsibilities need to be made clear, financial obligations have to be determined and child support has to be given properly and consistently until the child can provide for his own needs.

• Domestic Violence

Australia’s family law makes it clear that no one should endure violence at home. So if you’re a victim of domestic violence, make sure to seek legal advice from a lawyer who can help you determine the right case to file and apply for the right protection for you and the rest of your family.

Of course, family law doesn’t only cover conflicts within the household. There are also instances when you need the expertise of a family lawyer for decisions within your family. For instance, you can hire a lawyer for financial agreements within the relationship, in securing the investments that you made during the marriage and even in adopting a child to be part of your family.

Having a reliable team of lawyers will always come in handy at some point, and they can provide you with everything that you need to handle situations that require their expertise. So if you’re still looking for the right firm, don’t hesitate to give us a call, and we’d be more than happy to help you! In other instances, you can also seek help from injury lawyers and other experts.