FAQs on Family Law

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Family matters that cannot be resolved when a relationship ends ultimately leads to litigation for a judgement to be made. Family law is the complex part of the law that focuses on issues such as divorce, property maintenance, spousal maintenance, and children’s matters. Resolving these matters can be done outside the court but legal counsel is strongly recommended.

The end of a relationship can be difficult for everyone involved. Both parties have legal rights which are important to understand especially for those in de facto relationships or if there are children involved before proceeding with a decision.

Below are frequently asked questions regarding family law and how you can get touch with a family lawyer for further assistance.

Is a Family Lawyer Necessary?

When you are faced with a complicated family matter such as divorce or property settlement, seeking legal counsel is strongly recommended to handle all the legal aspects. Working with a lawyer will help to resolve the matter instead of going through the lengthy and expensive process of family court.

Hiring a family lawyer is necessary to:

  • Resolve disputes regarding family issues
  • Understand legal rights and obligations
  • Handle matters related to children’s issues
  • Provide assistance on financial issues
  • Protect your interests at all times 

A family lawyer is able to walk you through the entire process and give advice regarding your situation. Even if both parties are able to resolve their own matters, the agreement should be formalised by a Consent Order to make it legally binding. This protects your interests in the event the other party does not uphold the agreement.

Do All Family Matters Go to Court?

Going to court is only necessary if both parties are unable to come to an agreement regarding issues such as property division or child support. In most cases, family disputes can be resolved without the court but such matters should be carefully reviewed by lawyers.

What Happens if There is a Disagreement?

If an agreement cannot be reached regarding family issues even with legal counsel, the matter then goes to court where a trial is held before a judge. A court order will then be made which becomes legally binding for both parties to uphold.

In situations where litigation is the only option available, you need strong representation from a family lawyer to settle the issue in a manner that is beneficial for you and any children involved. Settling outside the court is always ideal as the litigation process can be lengthy and costly.

How Do Children’s Issues Get Resolved?

The breakdown of a relationship can be a tragic experience for children. The family law system requires separated parents to seek mediation and make an attempt to work out parenting arrangements for any children involved.

A Parenting Plan is a written agreement that details:

  • Ongoing responsibilities of each parent
  • Long term issues related to the child
  • Who the child will live with
  • How responsibilities will be shared
  • Financial support for the child 

This ensures the child is able to receive ongoing care and is able to maintain a healthy relationship with each parent. Consent Order can be made with the court to make the parenting plan legally binding.

If both parties cannot agree about arrangements for their children, courts are able to make orders regarding parental responsibilities. Seeking legal counsel is recommended even for establishing a Parenting Plan.

What is a De Facto Relationship?

A de facto relationship is defined as a genuine domestic relationship with another partner for a period of at least two years. The Family Law Act gives legal rights to those in de facto relationships including disputes regarding children and property settlements.

What is Spousal Maintenance?

Spousal maintenance refers to money that is paid from one spouse to the other. Under the Family Law Act, an individual has a responsibility to provide financial assistance to their former spouse if that person is unable to meet their own expenses. However, spousal maintenance is not automatic.

The court carefully considers the following when making an order:

  • Income, property, and financial resources
  • Ability to work
  • Extent of support required
  • Whether children are involved 

The actual amount of support depends on what the other party can afford based on their financial situation.

How Do Property Matters Get Settled?

Property settlement claims are more complicated issues and the court looks at a number of factors when making settlement orders. The process involves assessing the financial contribution of each party and making a final adjustment according to future needs of each individual.

The court then assesses whether the division is just and equitable

Have Any Other Questions?

Kawalsky Lawyers is a legal law firm experienced in aspects of family law including:

  • Separation and divorce
  • Parenting Plans and Consent Orders
  • Financial agreements
  • Children’s issues
  • Spousal maintenance
  • Property division
  • Intervention orders
  • Prenuptial agreements 

Our family lawyers give comprehensive advice regarding your legal rights and obligations. We assist with the negotiation process for both parties to come to a realistic settlement using primary dispute resolution methods. You can be sure of strong representation in the family court if an agreement cannot be made

We are familiar with the different types of disputes that arise for relationships that breakdown. We help you each step of the way when handling all family matters to reach an agreement that is beneficial for you. Contact us today to speak to one of our family lawyers for more details.

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