No matter what life has in store for you, Golotta’s Solicitors can advise you best. Are you going through or planning a divorce, working out parenting plans or having difficulty navigating your way through a financial settlement or dispute. There are a variety of considerations when dealing with these issues and are our areas of expertise.
Golottas Solicitors can provide assistance for a range of matters relating to family law and de facto relationships, including:
For more information on family law and dealing with family matters and domestic relations please contact us to arrange a consultation with Golottas Solicitors and chat with an experienced solicitor.
Divorce and separation are the most common reasons people seek out the services of a family law solicitor. Divorce, the legal dissolution of a marriage, is governed by the Family Law Act 1975 in Australia. Under this legislation, the only ground for divorce is the irretrievable breakdown of the marriage, evidenced by a 12-month separation period. It’s important to note that this separation can occur under the same roof, provided that the couple lives separate lives during this period.
The process of divorce involves several steps, starting with the filing of an application for divorce. This can be done individually (a sole application) or jointly with the other spouse. Once the application is lodged, the court will set a hearing date to assess whether the requirements for divorce have been met. If there are children under the age of 18, the court must be satisfied that proper arrangements have been made for their welfare before granting a divorce.
Separation, while not as formal as divorce, still requires careful legal consideration, especially when it comes to issues like property division, child custody, and spousal maintenance. A separation agreement, although not legally binding in the same way as a court order, can outline the terms of the separation, including living arrangements, financial support, and division of assets, and can be made legally enforceable by turning it into a consent order.
Spousal maintenance is financial support paid by one spouse to the other following separation or divorce. It is designed to ensure that one spouse does not suffer undue financial hardship as a result of the breakdown of the relationship. The Family Law Act 1975 outlines the criteria for determining whether spousal maintenance should be paid and how much.
Several factors are considered when determining spousal maintenance, including the age and health of both parties, their income and earning capacity, their financial resources, and the standard of living enjoyed during the marriage. The court will also take into account the ability of the paying spouse to provide support while meeting their own needs.
Spousal maintenance can be paid in a lump sum or through periodic payments. In some cases, it may be necessary for an interim
Child support and custody are two of the most contentious areas in family law. The Family Law Act 1975 and the Child Support (Assessment) Act 1989 are the primary pieces of legislation governing these matters in Australia. When parents separate, they are both responsible for financially supporting their children until they reach the age of 18. The amount of child support payable is determined by a formula set out in the Child Support (Assessment) Act, which takes into account the income of both parents, the number of children, and the amount of time each parent spends with the children.
Child support agreements can be made either by consent (binding child support agreement) or by court order. A binding child support agreement is a written agreement between parents that sets out the amount of child support to be paid. This agreement can include provisions for periodic payments, lump-sum payments, or payment of specific expenses such as school fees or medical costs. It must be signed by both parties and witnessed by a legal practitioner.
Child custody, now more commonly referred to as “parental responsibility” and “living arrangements,” is determined based on the best interests of the child. The court considers several factors, including the child’s relationship with each parent, the capacity of each parent to provide for the child’s needs, and any history of family violence. Shared parental responsibility is the starting point, meaning both parents are involved in major decisions regarding the child’s upbringing unless it is not in the child’s best interests.
In high-conflict cases, the court may appoint an Independent Children’s Lawyer (ICL) to represent the child’s interests. The ICL conducts independent investigations and makes recommendations to the court about what arrangements would be in the child’s best interests.
The division of property and assets following the breakdown of a relationship is one of the most complex and contentious areas of family law. The Family Law Act 1975 outlines the process for dividing property between parties to a marriage or de facto relationship. The law adopts a “no-fault” approach, meaning that the reasons for the breakdown of the relationship are not considered when dividing assets.
The division of property is based on the principle of “just and equitable” distribution, which means that the court aims to reach a fair outcome for both parties. The process involves several steps:
In many cases, parties can reach an agreement on the division of property without going to court. Such agreements can be formalised through a consent order or a binding financial agreement. However, if an agreement cannot be reached, the court will make a decision.
Binding Financial Agreements (BFAs), also known as “pre-nuptial” or “post-nuptial” agreements, are contracts between couples that outline how their property and financial resources will be divided in the event of separation or divorce. These agreements can be made before, during, or after a relationship. The Family Law Act 1975 provides the legal framework for BFAs in Australia.
A BFA can cover various aspects of financial arrangements, including the division of property, spousal maintenance, and superannuation. It can provide certainty and peace of mind for both parties by clearly setting out their financial rights and obligations. However, for a BFA to be legally binding, certain legal requirements must be met. Both parties must obtain independent legal advice before signing the agreement, and the agreement must be in writing and signed by both parties.
BFAs can be challenged in court on several grounds, including if there was fraud, duress, or undue influence, or if the agreement was not properly executed. Therefore, it is essential to seek the advice of a family law solicitor when drafting or entering into a BFA to ensure that it is legally enforceable and that your interests are protected.
Family law in Australia is governed by several key pieces of legislation and regulations. The Family Law Act 1975 is the primary legislation, covering divorce, property division, spousal maintenance, and parental responsibility. The Child Support (Assessment) Act 1989 governs child support, and the Child Support (Registration and Collection) Act 1988 deals with the collection and enforcement of child support payments.
Compliance with these laws is overseen by various government bodies, including the Family Court of Australia, the Federal Circuit Court of Australia, and the Department of Human Services (Child Support). The courts have the authority to make binding orders in family law matters, while the Department of Human Services administers the child support scheme.
In addition to these laws, the National Domestic and Family Violence Bench Book provides guidelines for handling cases involving family violence, which can have a significant impact on decisions related to child custody and spousal maintenance. The Australian Standards for Mediation also apply to family law disputes, promoting the use of mediation as a way to resolve conflicts outside of court.
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