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Family Lawyer in Australia: How They Can Help You

When it comes to family law, there are a lot of different aspects to consider. From child support and custody arrangements to divorce proceedings, a family lawyer can help you navigate the legal system and protect your interests.

No matter your particular circumstances, a qualified family lawyer can provide invaluable assistance with all aspects of your case. They can help you understand the law, identify your options and craft a strategy that will help you achieve the best possible outcome for your situation.

What Is a Family Lawyer?

A family lawyer is a type of lawyer who handles cases involving families and their relationships. These lawyers typically work in cases related to divorce, child custody, spousal support and other issues related to families. Whilst some family lawyers may be able to handle all types of family law cases, others may choose to specialise in one or two specific areas.

How Can a Family Law Be Helpful?

When facing a complex family law issue, the best thing you can do is hire an experienced lawyer to help you through the process. Family lawyers are specially trained to deal with the unique issues in family law cases. They understand the nuances of the law and how to represent their client’s interests best.

An experienced family lawyer will know how to navigate the often-complex legal system to get the best possible outcome for their client. They will also be able to provide guidance and support throughout the process, from filing the initial paperwork to representing their client in court.

The benefits of hiring a family lawyer extend beyond simply getting the best possible outcome in your case. Lawyers specialising in family law in Australia also have the experience and knowledge to help you through the emotionally charged process of dissolving a marriage or dealing with child custody issues.

Here are other ways in which hiring a family lawyer is proven helpful:

  • They help individuals and families resolve disputes in a legal and peaceful manner.
  • They provide guidance on handling important decisions regarding child custody, visitation and support.
  • They help couples draft prenuptial or postnuptial agreements that can prevent future disputes.
  • They help individuals and families create wills and trusts that can protect their assets and loved ones.
  • They provide guidance on handling difficult situations such as divorce, adoption or domestic violence.

Most Commonly Referred Family Laws

The family law system in Australia is based on the Federal Family Law Act 1975 (Cth), which governs matters relating to marriage, divorce, property settlements, children’s issues and maintenance.

Many other acts and regulations also impact family law in Australia, including the following:

  • Child Support (Assessment) Act 1989 (Cth)
  • Family Court Act 1997 (Cth)
  • Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth)
  • Family Violence Protection Act 2008 (Cth)
  • Equal Opportunity Act 2010 (Vic).

The most commonly referred to family laws in Australia are:

Marriage Act 1961 (Cth)

The Marriage Act 1961 is the Federal law that governs marriage in Australia. It provides for who can marry, the requirements for a valid marriage and recognition of overseas marriages.

The Act defines marriage as ‘the union of two people to the exclusion of all others, voluntarily entered into for life’. This definition was inserted by the Howard Government in 2004 and has been the subject of considerable controversy.

The Act sets out who can marry in Australia. Generally, both parties must be 18 years or over and not already married. If one party is aged 16 or 17, they can marry with parental consent.

Several other requirements must be met for a marriage to be valid. For example, both parties must freely consent to the marriage, and they must not be married to each other by proxy.

Divorce Act 1996 (Cth)

Divorce Act 1996 (Cth) s 4(1) requires that a divorce order may only be made if the Court is satisfied that:

  • (a) the marriage has broken down irretrievably; and
  • (b) one year has elapsed since the date of separation.

The breakdown of a marriage is considered ‘irretrievable’ if there is no reasonable likelihood that the spouses will get back together. Certain grounds must be satisfied to prove that the marriage has irretrievably broken down.

Property (Relationships) Act 1976 (Cth)

The Property (Relationships) Act 1976 (Cth) is an Australian federal law that deals with the division of property between parties to a marriage or de facto relationship. The Act applies to both married couples and de facto couples, including same-sex couples.

It provides for the division of property between parties to a marriage or de facto relationship in the event of the breakdown of that relationship. It does not apply to registered relationships, such as civil unions or domestic partnerships.

Children and Young Persons Act 1989 (Vic)

The Children and Young Persons Act 1989 (Vic) governs the law relating to children’s matters in Victoria. It sets out the principles that courts must apply when making decisions about children’s issues, including custody, visitation and child support.

Child Support (Assessment) Act 1989 (Cth)

The Child Support (Assessment) Act 1989 (Cth) governs the child support law in Australia. It sets out the formula used to assess child support payments and the grounds on which child support can be varied or terminated.

How Madison Marcus Can Help You

Family law can be confusing and frustrating. However, you don’t have to go through it alone. Madison Marcus is here to help.

We’re a family law firm in Sydney that understands what you’re going through and wants to help you get through it as efficiently as possible. We want to ensure you have the best chance of getting the outcome you want in your family law case. 

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


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