Asset 9 transparent logo


Common Types of Family Law Issues

In September 2021, the Federal Circuit Court of Australia and the Family Court of Australia officially joined to form the Federal Circuit and Family Court of Australia (FCFCA) or a shorter version of Family Law 2021, redefining family law rules and what is the beneficial effect it provides couples or the whole family.

In this blog, we’ll look at some of the most common family law issues, what you can do to handle them and how the new FCFCA relates to these types of issues.

Common Family Law Issues

1. Divorce

A marriage is a promise of a life together forever. Sadly, it often ends up in separation and divorce. Infidelity, financial stress and many more are ill reasons why couples separate, and divorce is rapidly increasing each year. That is why it is best to be ready for such circumstances by having a family lawyer, an expert in family law and any issues related to it. 

Primary changes in Australia’s family law rules in 2021 involve divorce and financial settlements on relationship breakdown. The new family law affects anyone who divorces or separates from their partner. Under this law, divorce is simpler and quicker. You will no longer need to prove that your marriage has irretrievably broken down. You will only need to file a declaration that you have been separated for at least 12 months with your application for divorce.

The changes to financial settlements will mean that couples can reach their own agreement about how to divide their property and assets after separation. If you cannot reach an agreement, the court will consider a range of factors when deciding, including each person’s financial contribution to the relationship, their future needs and the welfare of the children.

The new family law will also make it easier for couples to enter into separation agreements. These agreements can cover a range of issues, including financial arrangements and parenting arrangements.

If you have any questions about the new family law rules, you should speak to a family lawyer in Sydney.

2. Child Custody, Support and Visitation

In Australia, child custody, support and visitation are regulated by family law. The law recognises the importance of children having a relationship with both their parents, and so fathers are entitled to regular visitation with their children.

Payments for child support are also tax deductible, which means that fathers can claim a portion of their income tax back. In addition, the law provides for a fair division of property and assets in the event of a divorce or separation. This means that fathers are less likely to lose custody of their children if they divorce or separate from their mothers. Therefore, child custody rights for fathers in NSW who are separated from their children have an important role to play in their children’s lives.

3. Alimony or Spousal Support

When Australia’s family law system changed last 2021, one of the biggest changes was how spousal support is handled. For years, alimony was paid from one ex-partner to another after a divorce or separation. However, the new law put a stop to this practice. Instead, each partner will be responsible for their own financial support after a divorce. This change has been welcomed by many top family lawyers in Sydney who believe it will help to reduce conflict and make the divorce process simpler.

4. Property Division

Australia is a no-fault divorce country. This means that the courts do not consider who was at fault when deciding how to divide property during a divorce. Instead, the courts focus on achieving a fair and just property settlement.

The first step in any property settlement is to value the assets of the marriage, which includes determining the value of all property, family home, investments and superannuation. Once the assets have been valued, each party will make a claim for what they believe is a fair share.

The court will then consider these claims and decide how to divide the property. Whilst there is no guaranteed outcome in any property settlement, the court will always strive to achieve a fair and just result.

5. Domestic Violence

Domestic abuse is a serious issue that affects many families in Australia. Family law in Australia includes provisions for dealing with domestic violence. If you’re in an abusive relationship, you can file for a protection order from the court, which can help keep you and your children safe.

If you’re dealing with domestic abuse, you don’t have to go through it alone. There are many organisations that can help, including family lawyers in Sydney. These professionals can provide advice and support to help you through this difficult time.

The People Involved When Dealing with Family Law

Three of the most important people in family law are lawyers, mediators and arbitrators. These professionals have high expertise in the field of family law and are trained to resolve disputes between family members. Often, they are able to offer creative solutions that satisfy both parties involved in the dispute.

  • Mediators and arbitrators can help to resolve conflicts between family members without going to court. 
  • Lawyers are especially important in family law because they are familiar with the law and can offer legal advice to their clients. 

A good family lawyer is someone who will fight for you and your rights. They will ensure you receive the best possible outcome for your case. 

To find a good lawyer, you can ask for recommendations from friends or family or you can check out Madison Marcus. 

How Madison Marcus Can Help You

Achieving the best possible outcome from a legal battle that you will have or currently experiencing will only be fruitful if you find the top people for the job. Madison Marcus has been in the law firm business since 1999. We are an award-winning law firm consistently recognised for our high expertise in handling issues related to family law. How we adapt through time only solidifies our expertise in the matter of law. 

For all enquiries or a free 15-minute consultation,contact us here.


Follow Us

Subscribe to our newsletter