Family Law

Court Legal, through its extensive experience in Family Law matters, can assist you to resolve even the most complex family disputes, whether parenting or property or both. You can visit one of our offices for a free consultation or we can provide a mobile service to anywhere on the Northern Beaches, North Sydney, Parramatta, Penrith and Blue Mountains areas.

Divorce

Divorce is a separate legal process to parenting or property matters. Divorce severs a marriage whether or not there are children or property involved.

You must be living permanently in Australia, be legally married and have lived separately for at least 12 months prior to making an Application for Divorce.

Our Divorce Lawyers can help you with your application.

Children

Establishing fair parenting arrangements following the breakdown of a family relationship can be complicated. We can help you reach a parenting arrangement by providing sound advice.

We act promptly and effectively to ensure that wherever possible, parenting issues are resolved in a timely manner avoiding costly parenting hearings. We take into account each individual family’s needs and what is best for the children and the parents.

Property

Every relationship has its unique issues. There is no set formula in working out every property settlement in the event of a relationship breakdown. There will be a particular solution to suit your particular matter.

It is not possible to set out all the relevant information that may apply to your particular case here, so please contact us. You will receive all the information you need to be able to move forward.

First Consultation Free

We provide services in the following areas of family law:

Property & Financial Matters
Superannuation and Family Trusts
Children and Parenting Matters
Child Support Agreements
Defacto & Same-Sex Relationships
Binding Financial Agreements (prenups and termination agreements)
Spousal Maintenance Agreements
Divorce

The Family Law Act (the Act) sets out the criteria for financial settlements, such as determining the assets and liabilities of the parties and giving consideration to past and present contributions as well as to the future needs of each party.

It is also possible for one spouse to pay spousal maintenance to the other spouse for a period of time post separation. If you are able to come to an agreement on the amount of maintenance to be paid, or for no maintenance to be paid, then we can prepare a Spousal Maintenance Agreement.

The Act also sets out the criteria to take into consideration in parenting arrangements.

Child Support is separate to both Property and Parenting. The amount of child support payable by one parent to the other is calculated by the Child Support Agency on a case-by-case basis. If you can reach a private agreement on the amount of support to be paid, we can prepare a Child Support Agreement for you.

De facto and same-sex partners can pursue property settlements and parenting orders under the Act the same as married couples, including spousal maintenance and child support.

We are experienced in both the understanding and the application of the law to the relevant facts of each case when determining property entitlements and parenting matters.

You will receive clear and concise advice on your entitlements and obligations, and aim to settle your dispute through negotiation wherever possible. If not possible, we can advise and guide you through the court process.

It is not possible to set out all the relevant information that may apply to your particular case.

Contact us to arrange a free, no obligation, consultation at one of our offices or by telephone. You will receive advice tailored to your particular situation. We will also discuss our fees and charges with you. In most property settlements payment is not required until the end of the matter.

Family Law FAQs

What is Family Law?

The term includes a range of issues relating to relationships, parenting issues and financial matters. The major areas are:

Marriage and divorce
Property settlements
Parenting issues
Child support
Financial agreements, before, during and after a
Marriage or de facto relationship
Spouse maintenance
De facto and same sex relationships

How do we Divide our Property and Assets?

You can have a property settlement at any time after separation and before you have applied for a divorce.

If you have obtained a divorce you only have 12 months from the date of the divorce to apply to the Family Court for property settlement.

If it is more than one year since the Certificate of Divorce is issued you will either need to bring a claim in the Supreme Court Equity Division, or apply to the Family Court for leave to make a property settlement out of time.

If you are to agree on how the property, other assets and liabilities of the marriage are to be divided you can have that agreement approved by the Family Court by way of Consent Orders.

If you cannot agree on how the property, other assets and liabilities of the marriage are to be divided it will be necessary to apply to the Family Court to make appropriate orders.

The Court will consider all of the background of the marriage and all your joint financial resources such as real estate, investments, interests in companies, family trusts, life insurance and superannuation.

In arriving at a fair and equitable division of property, the Court will consider your contribution to the marriage and family such as the acquisition, conservation and improvement of any property and employment.

The Court will also consider both your present situation and future income as well as any special needs and responsibilities you may have in your life, such as children, elderly parents, ability to work and your health.

When can I apply for a Divorce?

When your marriage has broken down irretrievably and you have been separated for no less than 12 months you can apply to the Court to formally bring your marriage to an end.

The Court will issue a Certificate of Divorce approximately 3 months after the application has been lodged.

What is a de facto relationship?

You are in a de facto relationship if you have lived with your partner, in a genuine domestic relationship, for two years or more. De facto relationships include both opposite and same-sex relationships.

If you have lived with your partner for less than two years, you may be able to apply for a property settlement as a de facto, if there is a child of the relationship or you have made a significant financial contribution to the relationship or assets acquired by one or both of the parties during the relationship.

De facto relationships would be proven with evidence of joint finances, joint holidays, shared meals etc.

What is equal shared parental responsibility?

Equal shared parental responsibility means that both parents are to consult each other prior to making decisions concerning the major issues regarding the child such:

education
health
religion
extra-curricular activities.

In circumstances where a child has been subjected to or exposed to abuse, neglect or family violence, the Court will not apply the presumption of equal shared parental responsibility.

In such cases, the Court may grant sole parental responsibility to one parent, with that parent being responsible for making all decisions concerning the child.

Equal shared parental responsibility does not mean equal time spent with each parent.

Dear Rossana, thank you for your patience and dedication to my case,
which showed your excellence in law and a big thank you to all the staff for their help.

Angus