The family law process in Australia can often be confusing. It’s easy to become overwhelmed with all the legal terminology, procedures, forms and everything else involved in family law. However, with the help of experienced family law lawyers and with a little research online, you can familiarise yourself with the family law process so you can take the appropriate actions to effectively deal with your unique circumstances.
Separating from your partner can be a stressful and challenging time. It’s important during this difficult time that you remember to focus on what is best for your children going forward. In Australia, family law focuses on who thee children will live with and who they will spend with. You are encouraged to make arrangements with your ex regarding your children and your property without going to court either by yourself or with the help of a mediator. Going this route is always a quicker, cheaper and more amicable way to settle your separation without ever having to put a foot inside a courtroom and is the preferred option in family law proceedings in Australia.
Let’s take a closer look at the family law process in Australia so you can have a better understanding of what is involved after you separate.
Family Law Act
The Family Law Act 1975 is the primary source of all family law governance in Australia. This law deals with what will happen with caring for your children and deciding your property if you separate from your partner. The Family Law Act applies relationships of different types when children are involved, such as marriage, de facto relationships and even to couples who were never in a formal relationship. Regarding property, it only applies to those who were married or in a de facto relationship.
Children And Family Law
In Australia, the law is very much focused on the rights and welfare of the child and not on parental rights. The law addresses the responsibilities of each parent towards the children and never considers who is in the wrong for the relationship ending. Instead, the focus is always on what is best for your children.
No matter what type of relationship you were in with your ex, you will continue to share parental responsibilities with the other parent, unless the court orders otherwise. These responsibilities include the care, wellbeing ad financial upkeep of your children. Ultimately, your children have a right to maintain a relationship with both parents, despite the fact that you are no longer together, as long as the child’s needs are met and they are safe.
Dividing property can be tricky as there are a lot of things to consider. When you separate from your partner and you need to divide your property, the law considers everything that the couple owns, earns, and takes into account any debt that you have, When all of these have been accumulated they are divided in a manner that the law deems to be fair. This process is about making arrangements for you, your ex-partner and your children going forward. It’s not about right vs. wrong.
From a practical standpoint, you are required to attend any hearings or meetings related to your family law case. You must arrive prepared and informed about what is happening, whether that s through your own research or by seeking professional legal advice. And, finally, you must follow any orders set out by the court.
Seek Out Legal Advice To Ensure The Best Outcome Possible
Family law matters can be distressing, stressful and challenging for all involved. Despite your best intentions, your emotions can get the better of you and it’s not always easy to think with a clear head and make the best decisions. Its’ always wise to seek professional legal advice from an experienced lawyer to help with your case. With legal assistance and advice, you can be sure that you will have a better understanding of the legal process and find the best way to move forward.