Family Law

Your Guide to Separation, Parenting, and Property Settlements

Family Law in Australia

 

At Bansal Lawyers, we always focus on family law in Australia. That I why we offer the best expert legal advice to help the client and their families rights. Our team will provide support to the clients for dealing and separation over parenting disputes, and also in property settlements. If you are married or in de facto relationship, Our team of best lawyers in Australia, is here to help you to get positive outcome and always try to make understand the family law in Australia.

Overview of Family Law in Australia

What is family law in Australia?

Family law in Australia is a governed primarily by the family law act 1975, which implement across the nation. In western Australia has it’s own legal framework for de facto relationships, it a commonwealth system that applies to all married couples. In WA, de facto couples. In West Australia, couples who are in de facto relationship must clear the property and parenting disputes through law under the state, while if you are a married couple you have to follow the national Family Law System.

In Western Australia Family court is the only on court which handling family law matters in the state, other side across Australia, cases related to family law are deal by the Family Court Australia and Federal Circuit Court of Australia.

What are the key areas of Family Law.

1. Separation and Divorce

Marriage: In Australia, People get divorce on no-fault basis like no need to prove that you are in wrong doing infidelity. After the 12 months of separation, you can apply for a divorce. For marriage with time less than 2 years, couples must be required to attend the counseling with meditation before filing for divorce, until any family violence is involved.

De facto Relationships: Living with your partner in Australia from past 2 years, you considered as a de facto relationship. When you get separation in de facto relationships don’t required a normal divorce until children and property got involved.

2. Parenting Arrangements

After separation in Australia after divorce, you will get one thing better to know that the court first consider the child where want to go with. Parents must reach the agreement about important matters about child primary considerations such as:

Children Living Arrangement

Schooling and Education

Time Spent with Family Members

Medical care and Treatment

Had to make informal agreements (verbal and written), by the Parents, or Provide these arrangements through the consent orders, which are legal and valid by the court. If both parents cannot reach the agreement process, will able to required for attend the meditation before the appearing the court for considers the case.

3. Child Support

Child support means to make the children future secure with contributing financial help for their children. Parents help to manage child support payment through:

Parents get to manage self manage agreements

Register Assessment based on income and care arrangements through service Australia

Courts orders for typical cases related to the children who are above then 18 years

4. Property Settlement

It is necessary to know that how the divide assets and debts after separation. If you are married or in de facto relationship, you must be filed property settlement applications:

If you are married have to submit property settlement within 12 months of divorce

If you are de facto couples have to submit property settlement within 2 years of sepration

Settlements can be reached informally, formalized through Consent Orders, or determined by the court if no agreement is made. Courts consider contributions (financial and non-financial) and future needs (such as health and care responsibilities).

5. Spousal Maintenance

Spousal maintenance may be required if one partner is unable to support themselves after separation. The court considers factors like age, health, income, and the financial impact of the relationship when deciding on maintenance obligations.

6. Family Dispute Resolution (Mediation)

Mediation is a vital step in resolving family law disputes, especially for parenting and property matters. Before seeking court intervention, parties are often encouraged to attend Family Dispute Resolution (FDR) to try to reach a mutually acceptable solution. If mediation fails, the court may require a Section 60I Certificate, allowing the case to proceed to court.

Why Choose Bansal Lawyers for Your Family Law Matters?

At Bansal Lawyers, we understand that family law issues can be emotionally challenging and legally complex. Our experienced family lawyers are here to guide you through the entire process, whether you are dealing with separation, divorce, property settlements, or parenting disputes. We provide personalized legal advice tailored to your situation, ensuring the best possible outcome for you and your family.

Contact Bansal Lawyers Today

If you're facing a family law issue, don’t navigate it alone. Contact Bansal Lawyers today to schedule a consultation with our experienced family law team. We are dedicated to helping you resolve your family law matters efficiently, with empathy and expertise.