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Family law in Hornsby, Australia largely follows the New South Wales (NSW) legislation and Federal law. Family law covers all legal matters impacting families which include divorce, child custody, property settlement, and domestic violence. In the field of Family Law, the Family Law Act of 1975 is the principal legislation that governs matters like parenting arrangements, financial agreements, and property adjustments after separation or divorce. Moreover, it can involve complex areas like wills & estate planning, and issues concerning child protection and adoption.
Professional legal advice is often necessary in situations such as divorce proceedings, custody battles, division of marital assets, paternity disputes, drafting prenuptial or postnuptial agreements, and situations involving domestic violence or child abuse. Family lawyers can guide you through the complexities of the law and ensure that your rights are protected. They are skilled negotiators and can represent your best interests in court when necessary. They can also help you understand and navigate the complicated family court system, which can make the process less stressful and burdensome.
Family law in Hornsby, as in the rest of New South Wales, is primarily regulated by both the federal Family Law Act of 1975 and state legislation like the Children and Young Persons (Care & Protection) Act 1998 and the Property (Relationships) Act 1984. Matters of marriage, divorce, and parenting are governed by the federal law, while other areas like child protection and domestic violence fall under NSW legislation. The Family Court of Australia is the main body dealing with family disputes and it operates under a ‘no fault’ divorce principle, where the only grounds for divorce is an irretrievable breakdown of the relationship.
In Australia, the Family Law Act states that a couple must be separated for at least 12 months before they can apply for a divorce.
A 'no fault' divorce principle means that the courts do not consider who was to blame for the breakdown of the marriage. The sole ground for divorce is the irreparable breakdown of the marriage.
In Hornsby, as anywhere in Australia, the primary consideration in child custody cases is the best interests of the child. Courts generally favor arrangements that allow the child to have a meaningful relationship with both parents, unless there are concerns about their safety and well-being.
In the event of a divorce, property division is determined by an assessment of each spouse's contributions to the assets and consideration of the future needs of each party. This includes financial contributions, non-financial contributions, and contributions as a homemaker or parent.
Domestic violence, under NSW law, includes any behaviors that control or dominate a family member and cause them to feel fear. This may include physical violence, harassment, stalking, verbal or emotional abuse, deprivation of liberty, or economic abuse.
Legal Aid NSW and The Law Society of New South Wales are excellent resources for finding legal assistance and further information. The NSW Department of Communities and Justice can provide support and advice on child protection matters. The Family Relationship Advice Line and the Australian Government's Family Relationships Online website have extensive information and resources dealing with family law.
If you need legal assistance, it is advisable to contact a qualified family lawyer in Hornsby who specializes in your area of concern. They should offer a confidential initial consultation where you can discuss your case and they can advise you on your options and the best way to proceed.
