Family Law comprises of the following areas:

Parenting Matters

Following a separation, parents must make arrangements for the ongoing care of their children including how the children will live with and spend time with each parent.

Under our Family Law Act 1975, there is a presumption of equal shared parental responsibility for the children. Equal shared parental responsibility requires both parents to come together and make major long-term decisions. A major long-term decision can include be where the children will live, their education, religion, change of name, medical treatment and passport applications. The term “child custody” is no longer used in relation to children and is now referred to as “live with” and “spend time with” arrangements.

Parenting matters can be resolved by agreement via a Parenting Plan or Consent Orders.

If parents cannot agree, parties are required to participate in Family Dispute Resolution.

Our Family Lawyers Central Coast are here to help you navigate the difficult task of making arrangements for your children.

Property and Financial Settlement

After separation, you will need to take steps to divide your assets (including your home, vehicles, bank accounts and superannuation) and separate your finances. The division of assets is a complex process and it is recommended that you seek expert Family Law legal advice before separating your assets.

To determine how your assets are to be divided requires the application of a 5-step process:

1. Consideration of whether it is “just and equitable” to make a property adjustment;
2. Identification of the assets available for division between the separating parties – known as the “property pool”;
3. Consideration of the financial and non-financial contributions of each party;
4. Identification of the future needs of each party; and
5. Consideration of whether the proposed division of the property pool is fair to both parties.

If you and your ex-spouse reach a property settlement agreement, this agreement can be formalised as Consent Orders or a Binding Financial Agreement.

Before you can commence property settlement Court proceedings, parties must do the following:

1. Provide full and frank financial disclosure;
2. Invite your ex-spouse to participate in family dispute resolution;
3. Agree on a family dispute resolution service and attend that service; and
4. Provide written notice of the family law property settlement issues in dispute and your future intentions.

Time limits apply to commencing Court proceedings for property:

1. If you are married, you must commence Court proceedings within 12 months of your divorce order; and
2. If you are a de facto couple, you must commence Court proceedings within 2 years of the date of your separation.

De Facto Relationships

Under the Family Law Act 1975, a party is considered to be in de facto relationship if they meet the following criteria:

1. They are not legally married;
2. They are not related by family; and
3. Having regard to the circumstances of their relationship, they are a couple living together on a “genuine domestic basis” .

A de facto relationship can exist between two people of the same or opposite sex. Further, a de facto relationship can still exist if your spouse is married to another person!

To commence de facto property settlement Court proceedings, you must meet one of the following criteria:

1. That you have been in a relationship for at least two years;
2. That there is a child of your relationship;
3. That your relationship is or was registered under a prescribed law of the relevant State or Territory; or
4. You made significant contributions and the failure to make property adjustment orders would result in a serious injustice.

Divorce

You can make an Application for Divorce 12 months from the date of your separation.

Australian Family Law has a “no fault” system of divorce. The only ground for divorce in Australia is that a married couple has been separated for a period of 12 months and that their marriage has irretrievably broken down. This means there is no reasonable probability of the couple resuming their married life. You must also be an Australian Citizen or currently living in Australia and intend to remain here indefinitely.

Parties do not have to be living separately and apart to be considered separated. You can remain living under the one roof. It is important that you have communicated to your spouse that you consider yourself separated.

If you continue to live with your spouse, you are required to provide evidence to the Court providing that you live separately and apart under the one roof. This evidence is supplied via a sworn/affirmed statement known as an affidavit.

Whether you are required to attend Court for a Divorce Hearing will depend upon whether you have filed a joint or sole Application for Divorce and whether or not you have children under 18 years of age.

Our knowledgeable and friendly Divorce Lawyer is available to guide you through your Application for Divorce.

If you need advice regarding your divorce or any other family law matter, please contact Brazel Moore Lawyers on 4324 7699.