Family Law
Overview
As we go through life there is a possibility that difficult relationships within our family will bring us into contact with the law. There are a number of different laws that may apply depending on your situation including family law, care and protection law and domestic violence law.
In our community family means different things to different people and there are many different types of families. A family unit often begins with a partnership between two people. Some couples are heterosexual while others are same sex or trans-gender partnerships. Some people marry or register their union while others are in de-facto relationships. Some have children and some do not. Sometimes a parent has chosen to have children without a partner being involved. Others may be raising children single-handedly having lost their partner or because their partner does not want to share in the parenting role. Grandparents may be raising their children’s children. Carers may be raising someone else’s children. All of these people and more come under the umbrella definition of family.
Family life is not always easy. Difficult issues often arise. You may be arguing with your partner or have grown apart and want to separate. You might be having trouble coping with the demands of parenting and feel stressed or depressed. Drugs or alcohol might be an issue. Family violence may be causing you to fear for your safety and the safety of your children.
These are all serious issues for which you can obtain help. If you are having difficulties it is important that you reach out to support services such as
- your doctor,
- family and relationship counsellors,
- domestic violence support, and
- in some cases the Police.
Unfortunately people cannot always work their issues out and this can lead to the family unit breaking down.
If some or all of these issues are affecting your life you may also need to get legal advice to assist you. There are different laws to deal with each type of issue and a lawyer who is focussed on the unique circumstances of your case is the best person to help you identify and resolve the legal issues you need to deal with.
On this page we provide general information about Family Law. Our Legal Information Centre also breaks down Family Law into 7 topics providing more specific information about each. After reading this page you might want to go on to read the information on one of these more specific topic pages by clicking on a link below.
How a lawyer can help?
A lawyer can help you to identify which area of law applies to your situation:
- family law (which covers divorce and separation),
- care and protection (where children are considered to be in need of protection), or
- domestic violence law.
Your lawyer can help you to better understand your rights and responsibilities, what options are available to you and give you advice to assist you in making the decisions that are best for you.
You will probably have a lot of questions. Your lawyer can:
- give you information and help you to understand the rules that apply to your situation;
- suggest alternatives that may be available instead of going to court such as mediation;
- explain the court processes and procedures;
- advise you about the strengths and weaknesses of your case, the likely timeframes and estimate the costs;
- help you to get the outcome you hope for by entering into negotiations on your behalf;
- prepare your court documents and represent you in court; and
- refer you to services that can assist you.
Your role is to give your lawyer instructions throughout the case and to listen to your lawyer’s advice about the law, legal processes and your situation. In most situations your lawyer will be trying to help you reach agreement with the other people involved. This is important as it will cost you less in time, money and emotional stress if you can avoid going to court. It is also less upsetting to any children who are involved.
Family Law Legal Topics
LegalEagle has divided information on Family Law into 7 topic areas. Please choose the area that best suits your legal issue.
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Binding Financial Agreements set out how property will be divided when a domestic relationship including a marriage ends. They can be entered into by couples before or during a domestic relationship, or when a relationship is ending or after it has ended.
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There are different types of relationships, from heterosexual marriage to transgender domestic partnerships. When a relationship breaks down, the law sometimes applies differently depending on the type and length of relationship.
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When a domestic relationship breaks down and separation occurs, those involved will often need to work out how their property and other assets should be divided fairly. Where agreement cannot be reached, courts have to the power to make order that assets be divided.
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When a relationship breaks down what are often difficult decisions must be made about the time each parent or care-giver should have with your children, where your children should live, and financial support arrangements.
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Children have the right to live in a safe and nurturing environment. When authorities consider that a child is “at risk” they can intervene and seek a court order approving removal of the child.
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Domestic Violence is actual or threatened violence by a person towards a family member. It can be physical or psychological. It can also relate to actual or threatened damage to property of a family member that causes a reasonable fear for their wellbeing and safety.
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This topic covers family law matters not dealt with in the other topics.
View more Information on Family Law