Family Law

WHAT DOES IT INCLUDE?

Family law is a specialised area of law that encompasses a wide range of legal issues related to family relationships, including but not limited to divorce, parenting orders of children, child support, adoption, property settlement and intervention orders.

Certain orders are available to both married and de-facto couples seeking to resolve their issue. It is important to consider whether you are seeking a final order from the court or whether you believe each party can communicate to come to an agreement between themselves.

Happily, many matters can be finalised by consent without resorting to the Courts determination.

TYPES OF SERVICES

Divorce Order

A legal document issued by a court that finalizes the dissolution of a marriage. It outlines the terms of the divorce settlement, including child custody, spousal support, and division of assets and debts. Divorce can only be applied for after at least 12 months of separation.

Out of Court Settlement Options

This is a settlement between parties without the need for a trial court judgement. It is an agreement reached between the parties involved, usually with the assistance of their lawyers. This can be a quicker and less expensive way to resolve a legal matter.

Binding Financial Agreement

Outlines how a couple's assets and financial resources will be divided in the event of a separation or divorce. This private agreement is negotiated and signed by both parties, and can cover a range of financial matters such as property, superannuation, and spousal maintenance. Both parties need separate solicitors for this.

Parenting Oders

Provides for the arrangements for the care of the child or children. It can cover issues such as where the child will live, who they will spend time with, and how they will communicate with each parent. Parenting orders are usually made by a court and are legally binding but can be done by agreement. The paramount consideration of the order must adhere to is that it is in the best interests of the child.

Lodging and Defending Intervention Orders

These are legal documents that protect individuals from harm or harassment. They prohibit a person from contacting or approaching another person, or from behaving in certain ways towards them.

HELPFUL RESOURCES

There is a wide range of services available for those in need and for those looking to develop their education on Family Law matters and services

If you are looking to further your knowledge regarding this area of law and how to identify what stage you are in, the following organisations are a good place to start.

CAREW GARTLAN McCLELLAND