Family Law

Whether you are married or in a de facto relationship, the decision to separate can be devastating, with numerous practical and legal matters to consider.

You may need to notify organisations such as the Department of Human Services, Child Support, and Medicare (as applicable). Updating your online account passwords and contacting your bank or building society to manage joint accounts and loans will also be necessary.

Ultimately, separated couples must determine how their assets and liabilities will be divided and their financial affairs finalised. Telling family and friends can be heart-wrenching, and perhaps the most difficult task will be making new arrangements for your children. We are here to provide essential family law advice and guidance during this challenging time.

Dividing Your Property

Family law provides a process for dividing property fairly after a relationship breakdown. It is important to understand that ‘fair’ does not always mean ‘equal.’ The law considers what each person:

Brought to the relationship;
Contributed during the relationship; and
Will need in the future.

Assets are pooled, including both jointly and individually owned property. This can include financial resources such as real estate, bank accounts, shares, investments, motor vehicles, business interests, trusts, superannuation, furniture, and artwork.

Contributions aren’t limited to paid employment. Family law recognises that domestic contributions—whether through childcare, household duties, or emotional support—are equally valuable in achieving financial goals.

Formalising Your Property Settlement

If you and your ex-partner agree on how to settle your property affairs, we can prepare the necessary documents to ensure the arrangement is legally binding. We can also assist with negotiations and represent you during settlement discussions, ensuring that your rights are protected and that the agreement is fair and reasonable.

A compliant agreement will finalise your financial affairs, protect both parties from future claims, and may allow for relevant duty concessions when transferring property, such as real estate.

An application for consent orders can be filed with the Federal Circuit and Family Court of Australia. Full financial disclosure is required during negotiations, and if the orders are deemed just and equitable, the Court will make them legally binding without requiring your presence.

Alternatively, a financial agreement is a written document between the parties that must meet specific formal requirements. Both parties must receive independent legal advice before entering the agreement. Unlike consent orders, financial agreements do not require court approval, making them a less formal option for finalising property affairs.

If an agreement cannot be reached, we can guide you through the process of applying for a property settlement through the Federal Circuit and Family Court of Australia. It’s important to note that time limits apply, so contact us promptly after separation to discuss your options.

Arrangements for Your Children

Children’s matters can encompass a range of issues, including:

Who the child will live and spend time with;
Who will have parental responsibility;
How the child will communicate with the other parent; and
Long-term decisions regarding the child’s health care and education.

Family law mandates that all decisions regarding parenting arrangements must prioritise the best interests of the child. The primary considerations are the benefit of the child maintaining a meaningful relationship with both parents and the need to protect the child from harm, with the latter receiving greater weight.

Parental responsibility refers to the duties, powers, and authority that parents have over their child. There is a presumption that shared parental responsibility is in the child’s best interests, although this is not always the case. Shared parental responsibility requires parents to consult one another on long-term decisions but does not necessarily mean equal time spent with each parent.

How Can Parenting Arrangements be made?

Ideally, parents can agree on the ongoing care of their children. This can be achieved through:

Informal Agreement: A verbal or written arrangement between the parties, but without legal documentation. The risk of this approach is that future disagreements may arise without a formal agreement.
Parenting Plan: A written agreement documenting the arrangement, but not legally enforceable.
Parenting Orders: Legally enforceable orders, made by consent or issued by the Court if parties cannot agree on arrangements.

Getting a Divorce

After 12 months of separation, you may apply for a divorce from the Federal Circuit and Family Court of Australia, citing the irretrievable breakdown of your marriage. The Court recognises that you may be considered ‘separated’ even while living under the same roof, due to financial, cultural, or child-related reasons.

If you have children under the age of 18, the Court must be satisfied that suitable arrangements are in place for their care. However, formalising these arrangements is not a requirement at the time of divorce.

A divorce legally ends your marriage but does not address property or parenting matters.

For expert legal advice, contact us at reception@rjilegal.com.au or call 02 9466 5189.