As part of its family law jurisdiction, the Court hears divorce applications, spousal maintenance applications, property disputes, orders for parenting time, enforcement orders for location and recovery, child abduction warrants, and determinations of parentage.
According to Australian law, our family law lawyers are experienced and cooperative in handling matters about divorce, financial obligations, and property settlement.
Divorce & Family lawyers
The dissolution of marriage (divorce) marks the end of marriage legally. The law in Australia allows divorce without regard to fault. Divorce does not depend on the reasons for ending a marriage.
In a divorce, neither spouse has to prove the other committed an act that led to the breakdown of the marriage.
Divorce can only occur when the marriage has broken down, and there is no reasonable hope that the parties can reconcile. Divorce cases are decided by the Federal Circuit and Family Court of Australia under Part VI of the Family Law Act 1975.
A divorce cannot determine whether financial support will be paid, what will happen to the property, or how the kids will be handled. Divorce is only a formal acknowledgment that the marriage is over.
To handle divorce direction and other disputes easily, it is necessary to consult with experienced family lawyers and divorce lawyers.
Family & Financial Binding Lawyers
Drafting a well-thought-out financial agreement is always a good idea when 32% of marriages end in divorce.
Relationships can be challenging to predict if they will last. According to most statistics, over 32% of Australian marriages will end in divorce-and a similar percentage of de-facto marriages will end in separation.
It’s for this reason that financial agreements serve as an effective method of defending your assets as well as resolving future conflicts.
Is there a difference between a financial agreement and a prenuptial agreement?
There are many financial agreements you can enter into with your spouse, but prenuptial agreements represent only a fraction of those.
What are the conditions for entering into a financial agreement?
You can sign a financial agreement before, during, or after your marriage. Two parties may enter into a contract outlining property, finances, liability, superannuation, spousal maintenance, etc. You and your spouse should seek independent legal advice before signing any marital contract. Any contract signed without this advice will be null and void.
The signing of a financial agreement requires the assistance of a cooperative and experienced Divorce Lawyers and Family Lawyers.
Divorce Lawyers specializing in property settlements and family law
Married couples or de facto couples can agree to a property settlement under the Family Law Act. An unmarried relationship with a person of the same sex is considered a de facto relationship for purposes of the Family Law Act.
How do family law property settlements work?
During a divorce, parties divide their assets, liabilities, and financial resources according to a property settlement. The Court can facilitate the process or not.
In Australia, how do property settlements work?
Divorcing couples in Australia calculate their property settlements using a four-step process.
- The first step in determining a couple’s assets, liabilities, and financial resources in identifying and valuing them.
- The second step is to review the contributions, both financial and non-financial (such as household duties).
- Australian Family Lawyers can help you understand your rights and obligations to get the best settlement possible.
- Legal assistance from family lawyers and divorce lawyers protects your rights and ensures that you receive justice.
Need a family law or divorce lawyer?
Independent legal advice is almost certainly needed. It is essential to obtain legal advice on whether you have valid grounds to appeal, even if you plan to conduct your divorce, Financial Binding, and Property Settlement in Family appeal yourself.
The judge must have misapplied the law for the appeal to succeed. For this reason, to follow, you must be able to persuade the appeals court of how the law should be interpreted. You will need to develop a complex and technical argument for this.
An expert, independent legal opinion can only be provided by a family lawyer.
A lawyer’s training includes interpreting and applying the law to a specific case. In addition, lawyers are familiar with law’s practices and procedures. In addition, a lawyer will:
- Determine if there is a legal issue to be considered on appeal
- You will be provided with practical options, and
- Describe the costs of appellate litigation.
