Family Law

Parenting disputes arise when separated parents cannot agree on arrangements for the care and upbringing of their children. These can be among the most emotionally difficult legal matters, particularly when there are concerns about a child's wellbeing, allegations of family violence, or significant disagreement about parenting arrangements.

Under Australian family law, the primary consideration in any parenting matter is the best interests of the child. The Family Law Act 1975 requires courts to consider a range of factors when determining parenting arrangements, including the benefit to children of having a meaningful relationship with both parents and the need to protect children from harm.

Seeking early legal advice in a parenting dispute can help you understand your rights and obligations, explore options for resolving the dispute without court proceedings, and if necessary, prepare and present a strong case before the Federal Circuit and Family Court of Australia.

Family violence is a serious issue that affects people of all backgrounds. If you or your children are experiencing family violence, it is important to know that legal help is available and that your safety is the most important consideration. Australian family law takes a strong stance against family violence and provides protective mechanisms to keep victims safe.

Family violence can include physical, emotional, psychological, financial, and sexual abuse. The court has a duty to consider family violence in all parenting matters and must prioritise the protection of children and victims of family violence when making parenting orders.

If you are experiencing family violence, you may be entitled to seek immediate legal protection through the intervention order or family violence order system in your state or territory, as well as specific protections through the family law system.

Intervention orders (also known as family violence orders or personal safety orders) are court orders designed to protect individuals from family violence, stalking, and other harmful behaviour. In Victoria, there are two types of intervention orders: Family Violence Intervention Orders (FVIOs) and Personal Safety Intervention Orders (PSIOs).

A Family Violence Intervention Order can be made to protect a person and their children from a family member who has committed or is likely to commit family violence. A Personal Safety Intervention Order protects people from stalking, harassment, or threatening behaviour by someone who is not a family member.

Intervention order matters can arise in both contexts — as an applicant seeking protection or as a respondent against whom an order has been made or is being sought. In both situations, obtaining prompt legal advice is important to understand your rights, obligations, and options.

When a marriage or de facto relationship ends, the division of property and financial resources is often one of the most complex and contentious issues to be resolved. A property settlement involves identifying, valuing, and dividing the property and financial resources of both parties, including real estate, savings, superannuation, investments, businesses, and other assets and liabilities.

Under the Family Law Act, there is no automatic 50/50 split of assets. The court considers a range of factors when determining what is a just and equitable division of property, including the contributions of each party (both financial and non-financial) and the future needs of each party.

It is important to seek legal advice about property settlement as soon as possible after separation, as strict time limits apply for bringing property settlement proceedings. Acting promptly can also help to protect your entitlements and prevent assets from being dissipated or disposed of before a settlement is reached.

The breakdown of a marriage or de facto relationship is one of the most significant events in a person's life. Navigating the legal aspects of separation can be complex, particularly when there are children involved, significant assets, or disputed financial matters.

Separation and divorce in Australia are governed by the Family Law Act 1975. Australia has a no-fault divorce system, meaning you do not need to prove wrongdoing by either party to obtain a divorce. However, you must demonstrate that you have been separated for at least 12 months before applying for a divorce order.

For de facto couples, the family law system in Australia provides similar rights and obligations to those of married couples in relation to property settlement and parenting matters. Understanding how these provisions apply to your specific circumstances is an important first step in navigating a de facto relationship breakdown.