Australian family law focuses on two key areas: property and parenting. These laws apply to married couples and de facto couples in heterosexual or same-sex relationships. If you have separated, we can help you achieve a fair division of property and/or implement plans for the ongoing care of your children.
A property settlement involves the division of assets, liabilities, and financial resources between a couple after they separate. The division of property should be fair and equitable in all circumstances and can be achieved through a financial agreement, consent orders or court proceedings. Fortunately, many property settlements are finalised without having to go to court, usually with the assistance of your solicitor and/or through negotiation/mediation.
Parenting arrangements address issues such as where children live, how much time they spend with each parent and other matters such as decisions about healthcare and education. When making plans, the focus will always be on what is in the child’s best interests.
Arrangements can be documented in a parenting plan or formalised in consent orders which are filed with the court. Of course, it is in everybody’s interests to work out arrangements for their children without going to court, however, if you cannot agree, you may need the court to decide. Unless exceptional circumstances exist, you will need to attend family dispute resolution before going to court.