Family law is the branch of law that pertains to the issues arising from disputes and legal obligations in a family structure.
When the relationship between a husband and wife irreparably breaks down, the parties may separate and ultimately consider a formal divorce. A divorce is a legal end of marriage. The parties or individuals associated in a marriage can apply for divorce either individually or jointly. Lawyers are able to assist you in completing the divorce process in the Family Court or Federal Circuit Court.
Under Australian law, a couple can be considered to be in a de facto relationship if they are in a relationship as a couple and living together on a domestic basis, even if they are not legally married. This also applies to same-sex relationships.
In de facto relationships, family law issues are generally regarded by the Family Court or Federal Circuit Court in the same way as in marriage.
Partners commonly enter into financial agreements together, which are contracts that govern how the parties’ property and assets will be divided between them, in case of divorce or separation.
There are a number of legislative provisions that must be complied with in order for the financial agreements to be valid and binding on the parties. It is important that you obtain proper legal advice to ensure that your assets are properly protected.
When a marriage or de facto relationship breaks down, it becomes necessary to split up the shared assets accumulated during the relationship. Parties can apply to the Family Court or Federal Circuit Court for assistance in dealing with the distribution of assets and liabilities in the matrimonial pool. When there are a number of different assets involved such as real estate, superannuation, shares, trusts and family businesses, it becomes a complex task to fairly divide the property between the parties. Guidance from an experienced family lawyer is essential to ensure that you receive your fair share of matrimonial assets.
When parents separate and divorce, the Family Court or Federal Circuit Court has power to assess the family situation and make parenting orders in the best interests of the children. Such orders can include custody arrangements, parenting rules, and other orders imposing responsibilities on the parents relating to children’s issues for school, diet, healthcare and other matters.
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