Family law consultation involves seeking help from a legal practitioner with regard to family matters, like divorce, child custody, and division of estates. All of these issues are covered by Australia’s Family Law Act. Whether you are married, in a de facto relationship, or neither, any issues or disagreements you may have with your partner is covered by the this law.
Here’s a guide to the Family Law Act, which will be useful if you are having problems in your marriage.
- You and your spouse/partner disagree about arrangements for your children.
Mediation is required before you can take your case to a court. This can be facilitated by a legal aid from a respectable family dispute law firm Brisbane has. Once a dispute resolution has been made, a certificate will be required, which is required by the court before the legal proceedings can start.
In the event that the case is urgent or involves domestic violence or other factors, mediation or counselling can be skipped.
During mediation, both parties can organise informal agreements with the help of a family law consultation specialist. It is important that you seek the help of a legal aid to ensure that the arrangements are fair and legally binding, especially when it comes to where your children will live, which can affect child support and property matters.
- You are getting a divorce.
Divorce is the formal and legal means to end your marriage. However, you can only file for a divorce application at the Family Law Courts Registry after you have been estranged from your wife/husband for at least 12 months.
When a marriage ends or is ending, there are several matters that need to be resolved. These include sharing of properties and assets, custody of children, and other disagreements. This is especially important if there is no communication or willingness to communicate from the other party. This is where family dispute lawyers Brisbane has can help you.
- You want to settle your property.
The same laws about property settlement apply to married and de facto relationships, whether of the opposite sex or the same sex. However, if you are in a de facto relationship, you need to prove that you have been living together for at least two years. Otherwise, the equal sharing rules may not be applicable to you.
Property settlement negotiations may be started as soon as the relationship or marriage has broken down. Property includes anything owned by either one or both partners, such as investments, cash, real estate, personal properties, gifts, inheritances, redundancy payouts, lottery wins, etc.
- You want to ensure child support.
Before the divorce proceedings are finalised, parents must work out how they will continue to support their children’s needs, including housing, food, clothing, school fees, and other expenses.
Under the Family Law Act, child support is given to all parents, whether they are married to the paying parent, in a civil union, never had a relationship, or never lived together. It may also include same sex parents. This will be calculated by the Commonwealth agency that looks after child support payments. Some of the factors that will be considered include the number of children involved, ages of the children, income of parents, etc.