Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Thebarton, Australia Attorneys in related practice areas.
Browse our 1 legal question about Family in Australia and the lawyer answers, or ask your own questions for free.
Family law pertains to the rules, regulations, and legal provisions surrounding family-related issues and disputes. In Thebarton, Australia, these family matters may include divorce, child custody, alimony, child support, property division, domestic violence, or adoption among others. Australian Family Law operates under the 'no-fault' divorce principle, meaning that the court doesn't consider why the marriage ended.
Navigating the complexities of family law on your own can be challenging and emotionally taxing. Legal counsel is often sought in situations such as filing for divorce, working out child custody/support arrangements, drafting prenuptial and postnuptial agreements, division of assets and liabilities, and cases involving domestic violence. A skilled lawyer can protect your rights, ensure that agreements are fair and equitable, and guide you through this complex process.
The Family Law Act 1975 is the primary law governing matters of family in Australia, including Thebarton. This law places the best interests of the child as the most significant consideration in child custody matters. It ensures that children have the right to know and be cared for by both parents and to spend time and communicate with both parents regularly.
1. How is child custody determined? The court takes into account numerous factors with the child's best interests as the overriding consideration. It includes the child's relationship with each parent, the ability of each parent to provide for the child, any history of family violence, and more.
2. How is property divided in a divorce? Property division is not automatic in Australia. Parties need to agree on how they want their property to be divided, and if they can't agree, they will need to apply to the court for orders.
3. Who pays for child support? Generally, the non-custodial parent is required to pay child support. The amount depends on various factors including income, costs of raising children, and the time each parent spends with the child.
4. Can grandparents apply for custody? Grandparents can apply for custody or visitation rights. The court took into account the same principle -the best interests of the child.
5. What if domestic violence is involved in my case? If domestic violence is involved, it is imperative to seek help immediately. There are several organizations and legal services available to ensure your safety and guide you through the legal process.
Additional resources include the Family Court of Australia and the Australian Government's Department of Social Services for more details on different aspects of family law. Also, local community legal centres and the Legal Services Commission of South Australia provide free or inexpensive legal advice.
If you need legal assistance, the first step is to find a lawyer who specializes in family law. Prepare for your initial consultation by gathering all necessary documents and details related to your family situation. This may include financial records, tax returns, and evidence of your marital assets and debts, among other relevant information.
