Family law in Australia deals with important matters like divorce, child custody, and financial support when a couple decides to separate or divorce. It’s necessary to understand the basic principles of family law to navigate these situations properly.
Divorce is the legal process that ends a marriage. In Australia, you can apply for a divorce if you have been separated from your partner for at least 12 months and believe there’s no chance of getting back together. The process involves filling out a form and submitting it to the Family Court.
Australia follows a no-fault divorce system. This means that it is not necessary to prove that one person is at fault – the focus is on the separation period. If you have children under 18, the court will want to know about their living arrangements and welfare.
Child custody, or parenting arrangements, determines where children will live and how much time they’ll spend with each parent after separation. The best interests of the child are the primary consideration as per Australia’s Family Law Act (1975).
Parents are encouraged to make their own arrangements, but if they can’t agree, they can seek help from family dispute resolution services (FDRS) or apply to the court for a parenting order. There are different types of custody, including sole custody (when one parent is responsible) and joint custody (when both parents share responsibilities).
Child support involves financial assistance from one parent to the other to support the children’s needs. This helps ensure that both parents contribute to the children’s upbringing even after separation.
The Child Support Agency (CSA) calculates the amount based on each parent’s income, the number of children, and how much time they spend with each parent. If both parents agree on an amount, they can make a private arrangement. If not, the CSA can help.
Moreover, when a relationship ends, the assets and debts need to be divided. This is called property settlement. It’s best if the couple can reach an agreement on their own. If not, they might need to apply to the court for orders about how property should be divided. The court considers factors like the financial contributions each person made, their future needs, and the welfare of any children.
Family law also addresses issues of domestic violence and safety. If you’re experiencing violence or threats, there are protection orders available that can restrict the abusive person from contacting or coming near you. The court takes these matters seriously, especially when children are involved.
While it’s possible to handle family law matters without a lawyer, it’s often a good idea to get legal advice, especially if the situation is complex. Lawyers can guide you through the legal process, explain your rights and responsibilities, and help you reach the best possible outcomes for you and your children.
Author info:
John Bui is the Principal Solicitor of JB Solicitors – a law firm based in Sydney, Australia. John has extensive knowledge in the areas of family law and commercial litigation.
