Family law is a broad branch of law that deals with issues related to marriage, child support and parental responsibility, co-parenting and child issues, division of property, domestic violence and more.
Read on to find out what family law is and how vital the role of lawyers is in solving disputes under Australian regulations.
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As stated by Australia’s Attorney-General’s Department, the primary objective of the Australian family law system is to gain a resolution to the legal aspects of family issues. It aims to identify the rights of all the individuals involved and how they will be defended. It encourages mutual agreement between parties to avoid going to court.
Family law also has the intent to provide safe and workable parenting agreements for the benefit of the children.
The Australian Family Law is primarily governed by the Family Law Act 1975. Here are some of the major areas under it.
When a relationship fails, they often proceed to get an annulment or divorce.
For annulment, the Australian Family Law system allows the declaration of a marriage to be void if it involves bigamy, prohibited relationships, underage union, forced marriage and those that fail to comply with the law.
For divorce, Australia uses a ‘no fault’ type of divorce and does not require proving a ‘fault’ on their partners to terminate their marriage. However, an evidenced 12-month separation is necessary.
Custody is determined in Australia depending on the best interests of the children. It includes parental responsibility, parenting time, financial responsibility and more.
Here are some of the important regulations:
Domestic violence is unacceptable. The Australian Government is committed to taking action in the prevention of abuse and defending the rights of the victims. The assurance of the Family Violence Act 2016 enforces this.
The Family Law Legislation Amendment Act 2011 amends the Family Law Act 1975 with the aim to provide better protection against violence and abuse between family members.
The key changes are the following:
This law allows couples to split payments related to superannuation when there is a marriage breakdown. This can also be determined before or during a marriage or de facto relationship.
The Australian family law aims to reach an agreement for all individuals involved in family relationship issues. However, the concept of family law is complex. This is why a family lawyer is important, especially in handling all the documents, negotiations, dispute resolution and court representation if the need arises. This will relieve all the burdens and stress that cause your emotional turmoil.
Below are some of the roles of a family lawyer.
Legal processes require tons of paperwork that must be submitted correctly and on time. Because family lawyers are knowledgeable and skilled in the law, they will be able to prepare or review the necessary documents for your case in a proper and valid manner.
A family lawyer can walk you through the procedures related to adoption, name changes, child custody and guardianship. They will smoothen the process by submitting the right documents in a timely manner and presenting your capability to raise a child.
Family lawyers will strive to produce an outcome that is aligned with your visions and interests. They are capable of assisting you through property settlement and creating agreements that will work for all the individuals involved in the issue.
Family lawyers will do the necessary steps to resolve disputes through negotiation. However, when an Initiating Proceeding is filed or when the issue needs to be taken to court, they can efficiently handle it for you.
Family lawyers can help protect your assets and interests by legally splitting them with your relatives and children through the creation of a will, testamentary trust, power of attorney and enduring guardianship.
If you are looking for a family lawyer in Sydney or Melbourne, Madison Marcus can assist you. We are an award-winning law firm with experienced lawyers who can offer you legal advice related to issues comprising family issues, from marriage to parental responsibility.
Madison Marcus is fully accredited in Interdisciplinary Collaborative Practice (ICP). If the parties act in good faith, ICP allows a cost-effective resolution within an average of three to six months.
If you are a victim of any domestic violence or family violence, we can defend your rights and help you achieve your desired outcome. Contact us today for all enquiries or to book a free 15-minute consultation.
For all enquiries or for a free 15-minute consultation, please contact us on the form below.
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