AUSTRALIAN FAMILY LAWYERS

 

Legal Advice, Negotiation and Resolution of Complex Family Law Matters

 

  • Separation & Divorce

  • Property Settlement & Financial Agreements

  • Parental Responsibility & Care Arrangements of Children

  • Spousal Maintenance & De Facto Maintenance

  • Intervention Orders

  • Family Violence & Child Abuse Issues

Family Lawyers - Families & The Family Law

 

An experienced Family Lawyer can help provide you with legal advice and representation in family law.  Due to the complex nature of families and family relationships, the Family Law in Australia can often be complex because it must assists families to resolve a broad range of issues.

 

Our Family Lawyers primary practice is in family law.  Our lawyers are experienced across family law conflict including dividing property after separation, pre-nuptial agreements, parenting matters, de facto relationships, child spend time arrangements, spousal maintenance, de facto maintenance, divorce, child support, intervention orders, family violence allegations and child abuse allegations.

Our family lawyers can provide you with strong legal representation to resolve your family law matter with the least amount of conflict.  Our default family dispute resolution processes are through negotiation and mediation, not the courts.  That being said, if court proceedings become necessary our lawyers are adept at family court proceedings.

Free Initial Family Law Consultation

Our experienced family lawyers provide a free initial consultation to provide general advice and options for your family law matter.  Call us today on 1800 572 417.

 

Family Law Negotiation and Settlement

The family law in Australia offers all families the opportunity of resolving their issues by negotiation and agreement.  This is the most common process of resolving family law issues in Australia.  It also helps people to keep the costs of divorce, property settlement and parenting issues to a minimum.

 

Party to Party Negotiations

Resolving family law issues by negotiating directly with the other party or through a family lawyer can often resolve issues quickly and allow everyone to resolve their disputes with the least costs and stress.

 

Negotiating Parenting Matters

In parenting matters, provided there are no court orders in place, parents can make care arrangements for their children by agreement.  If the parties want to legally formalise their negotiation, they can make an Application for Consent Orders to the Family Court.  Provided the proposed arrangement is lawful and in the best interests of the children, family law parenting orders can be issued governing the care arrangements of the children.

 

If you do not want to legally formalise your parenting agreement, then there is no requirement for you to do so.

 

Negotiating Property Settlement Matters

In property settlement matters, you can come to an agreement about the separation of property.  It is almost always recommended that you formalise your property settlement legally to avoid complex risks that can occur where property settlement is not legally formalised.  This can include a creditor of a bankrupt party coming after the other party's property.

 

A property settlement agreement can be formalised our of court through to processes being a Financial Agreement or Application for Consent Orders.

 

Mediation

Mediation can be an effective way of resolving your family law matter through the assistance of a third party (the mediator).  The mediator is unbias and attempts to help the parties reason and resolve their disputes amicably.

 

Mediation can be used to reach an agreement for both property and parenting matters.  It is recommended to formalise your property settlement legally to avoid complex risks that can occur where property settlement is not legally formalised.  This can include a creditor of a bankrupt party coming after the other party's property.

 

Mediation can be undertaken with or without family law solicitors, as the circumstances require.

 

Family Law Court Proceedings

Where possible you should avoid court proceedings as they often come with high legal fees, stress and they can often leave the parties feeling worse than when the process began.  That being said, sometimes court proceedings are necessary to resolve conflict, bring fairness to a family law matter, provide transparency, ensure that important issues are given attention and to resolve complex or serious issues.

 

Court proceedings have the power to bring the parties on a level playing field before a Judge.  That being said, each party has the responsibility of making their case to the court.  It is not the place of courts in Australia to investigate your circumstances, raise issues under the law and act for you.  It is up to you to make your case and bring that case to the court.

 

Court proceedings are governed by special rules to ensure fairness before the court.  In the family law jurisdiction in Australia the court process is assisted by the following laws, regulations and rules (please note this is not a comprehensive list):

 

Federal Circuit Court of Australia (Family Law Jurisdiction)

Family Law Act 1975

Marriage Act 1961

Federal Circuit Court Act 1999

Federal Court and Federal Circuit Court Regulation 2012

Federal Circuit Court Rules 2001

Family Law (Fees) Regulation 2012

Evidence Act 1995

 

Family Court of Australia

Family Law Act 1975

Federal Court and Federal Circuit Court Regulation 2012

Family Law Rules 2004

Family Law (Fees) Regulation 2012

Evidence Act 1995

 

Family Court of Western Australia (Western Australia Only)

Family Law Act 1975

Family Court Act 1997

Family Court Regulations 1998

Family Law Rules 2004

Family Court Rules 1998

 

There are two different levels of courts that hear family law matters in Australia and a separate court in Western Australia. 

 

The Federal Circuit Court is the lower level jurisdiction.  It has the benefits of reducing legal formality and assisting parties to resolve their case through active case management with the aim of reducing costs and time to resolution of family law matters.

 

The Family Court is the higher level jurisdiction where the legal standard and complexity are more onerous often resulting in higher fees and longer court proceedings where the court resolves more serious family law issues such as International disputes, child sexual abuse issues and complex property settlements.

 

Initial Assessment of your Family Law Matter

To assist you with an initial assessment of your family law circumstances we recommend you gather the following information and write a short and concise record (dot points) of the following information:

 

1. Start by preparing a timeline of your relationship including the following information:

  • The date or the closest date you recall when you began living with your former partner;

  • The date you separated from your former partner;

  • Your and your partner's dates of birth;

  • The birth dates of your children (if applicable);

 

2. If your matter involves property settlement then include the following information:

  • Your assets and those of your former partner at the time you commenced the relationship.  This can include money, cars, boats, houses, shares, furniture etc.

  • Your assets and those of your former partner at the time you separated.

  • Your assets and those of your former partner between separation and now (if there have been significant changes since you separated).

 

3. Write down whether you or your former partner or any children in your care or children that you are responsible for have any health issues or special needs. This could include learning difficulties, a disability, mental health issues, mental impairment or serious medical issues.

 

4. Make a list of any question you have in preparation for speaking with one of our experienced Family Law Lawyers.

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Disclaimer - This information has been provided for general information and education purposes only. This information is not intended and should not be taken as legal advice. This information is general in nature only and may not be applicable in all situations and may not, after the date of its presentation, even reflect the most current authority. This information should not be relied upon nor acted upon without the benefit of professional legal advice based upon your particular facts and circumstances.

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