Your Experts in Family Law

Once a relationship has broken down, the parties to the relationship may want to reach agreement on how to divide their assets. This can be done by reaching an agreement and obtaining orders of the Federal Circuit and Family Court of Australia court by mutual consent known as ‘consent orders’. Alternatively, this division of assets can be amicably reached by having lawyers prepare and sign off on a binding financial agreement. In addition to receiving finality as to the division of assets, there can be additional benefits to obtaining consent orders or a binding financial agreement upon the breakdown of a relationship, which may include stamp duty exemptions on the transfer of property.

If the parties are unable to reach an agreed resolution, the matter will need to be decided by the Courts, based on the considerations set out in the Family Law Act 1975 (Cth). Court proceedings are costly, both mentally and financially for the parties involved, and should be seen as a last resort.

Our specialist family lawyers have decades of experience in dealing with both amicable and contested proceedings relating to the division of property and other assets.

Decisions regarding the care and control of children can be determined by informal arrangements, parenting plans, or parenting orders made by a court, which may include orders made by the mutual consent of the parties.

Part VII of the Family Law Act 1975 gives the courts power to make orders for the care and welfare of a child. Our lawyers have negotiated countless parenting arrangements on behalf of our clients, and have a deep understanding of the factors courts will consider, and the likely outcomes.

Spousal maintenance or de facto maintenance is financial support provided by a person to their former partner. The Family Law Act 1975, states that a person has a responsibility to financially assist their spouse, or former de facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets. This is known as either spousal maintenance (in circumstances where the parties were married), or de facto maintenance (in circumstances where the parties were de facto partners).

There are many factors that a court considers in deciding whether to make orders regarding maintenance of a person, including the age and health of the parties, their income, property and financial resources, their ability to work and whether the relationship has affected their ability to work, and what is considered a suitable standard of living.

Yes, there are time limits that apply, depending on the circumstances of the relationship. Typically, where the parties were married, applications for financial orders must be made within 12 months of the divorce being finalised. In the case of de facto relationships, applications for financial orders must be made within two years of the breakdown of the de facto relationship.

When making parenting orders regarding the care and custody of children, the courts will make decisions based on what is in the best interests of the child. In establishing what is in the best interests of the child, the courts will consider factors that include the developmental, psychological, emotional, and cultural needs of the child, the benefit to the child of being able to have a relationship with their parents, what would promote the safety of the child, and any views expressed by the child.

There is no set formula for dividing assets, however the Family Law Act 1975 sets out general principles that the courts will consider when deciding property settlement cases. This includes the assets and liabilities of both parties, the direct and indirect financial and non-financial contributions of each party, contributions to the welfare of the family, and the future needs of each party.

It’s important to receive specialist legal advice when considering a division of assets, as the correct legal representation can make a significant difference to the outcome of your family law property settlement.