The Family Law Act 1975 is a comprehensive piece of legislation that governs all aspects of family law in Australia. When a family goes through a legal separation or divorce, it can be an extremely difficult time. Often, there are questions about what will happen to the family home, how child custody will be arranged and who will pay for the lawyer’s fees.
Among the provisions of the Act are related legal services that families can access to help resolve disputes and protect their interests.
Let’s examine the common family law issues and the related legal services available under the Family Law Act 1975, what they mean for families and how to access them.
Common Family Law Issues Addressed in the Family Law Act 1975
There are many different types of family law issues that families may encounter. Some common issues include divorce, child custody, spousal support and domestic violence. Each of these has its own set of unique challenges and considerations.
• Divorce
A divorce is a legal process that ends a marriage. In a divorce, the court will resolve all issues related to the marriage, including property division, child custody, child support and spousal support. Once the divorce is final, the parties are no longer married and are free to remarry if they wish.
• Child Custody
Child custody is a legal term that refers to the right of a parent to have physical and legal control over their child. In most cases, both parents will have joint custody of their children. However, in some cases, sole custody may be granted.
• Spousal Support
Spousal support is financial support that one spouse may be required to pay to the other during or after a divorce. The amount of spousal support will typically be based on factors, such as the length of the marriage, each spouse’s income and each spouse’s ability to pay.
• Domestic Violence
Domestic violence is a type of violence that occurs between intimate partners. Domestic violence can take many forms, including physical, sexual, emotional and psychological abuse. Domestic violence is a serious problem that can have devastating consequences for families. If you are a victim of domestic violence, it is important to seek help from a qualified domestic violence counselor or lawyer.
Less Common Issues in the Family Law Act 1975
In addition to divorce, child custody, spousal support and domestic violence, here are some of the less common family issues covered in the Family Law Act 1975.
• Surrogacy
Surrogacy is a family law arrangement where a woman (the surrogate) agrees to carry and give birth to a child for another person or couple (the intending parents).
In Australia, there are no specific laws governing surrogacy arrangements. However, according to family law rules, surrogacy arrangements must be in the best interests of the child. As a result, surrogacy arrangements are subject to several legal requirements, including a stringent assessment process and the approval of both the surrogate and the intending parents. In addition, all parties must sign a legal contract that sets out their rights and responsibilities.
Surrogacy is a complex and sensitive issue, and it is important to seek professional advice before entering into any arrangement. Family lawyers in Sydney can provide advice and representation, including the negotiation, drafting and enforcing of the terms of the surrogacy agreement.
• Guardianship
Guardianship is a legal relationship between a person and a child, which gives the guardian certain rights and responsibilities concerning the child. Guardianship can be either sole guardianship, meaning that the guardian has all the rights and responsibilities to the child, or joint guardianship, meaning that the guardians share those rights and responsibilities.
There are no specific family law rules relating to guardianship in Australia. However, state and territory laws may set out rules about who can be a guardian, how guardianship can be ended and what rights and responsibilities a guardian has. In some states and territories, there may also be community-based organisations that can provide advice and support to guardians.
Family lawyers in Sydney can provide advice and representation concerning all aspects of guardianship. This includes appointing a guardian, making decisions about the care and welfare of the child and dealing with financial matters.
• Adoption
Adoption is the legal process whereby a child becomes the legally recognised child of parents other than their biological parents.
In Australia, family law rules around adoption are governed by state and territory legislation. The requirements for adoption vary depending on the state or territory in which the application is made, but generally, applicants must be over 18 years of age and have been assessed as suitable to adopt by an authorised agency.
If the child being adopted is under the age of 18, they must provide consent to the adoption. Once the application is approved, the adoptive parents will assume all legal rights and responsibilities to the child.
Adoption is a lifelong commitment and should not be entered into lightly. However, for those who are unable to have children of their own or who wish to provide a loving home for a child in need, adoption can be a rewarding experience.
Family lawyers in Sydney can provide advice and representation with all aspects of adoption. This includes initiating the adoption process, dealing with the child’s birth parents, and making arrangements for the child’s care and welfare.
How Madison Marcus Can Help You
Family law legal services can provide many benefits for families. They can help families navigate the legal process, protect their rights and resolve disputes without going to court.
When choosing family lawyers in Sydney, it is important to consider the lawyer’s experience, reputation and cost. Here at Madison Marcus, we will make sure that you feel comfortable with our team of family law experts and that you feel confident in our ability to represent your best interests.
For all enquiries or a free 15-minute consultation,contact us here.
