1300 660 997Family Lawyers in Gold Coast & Brisbane
Family Law in Australia
Family Law in Australia is governed by the Family Law Act 1975 (Cth) in all states and territories except for Western Australia, wherein it is governed by the Family Court Act 1975 (WA).
Family Courts
In all states and territories except for Western Australia, matters in Family Law falls within the jurisdiction of the Family Court of Australia and the Federal Circuit Court of Australia. In Western Australia, the Family Court of Western Australia has jurisdiction of Family Law matters.
Separation & Divorce
Generally, 12 months of separation is required before applying for a divorce. In order to put the fact of separation beyond dispute, it is necessary for one former spouse to inform the other of the decision to separate.
An application for divorce may be made jointly or by one former spouse alone.
If the relationship was de facto or same sex, there is a two-year timeframe from separation within which to commence proceedings in relation to property matters. In contrast, if the relationship was a marriage, there is a 12-month timeframe from separation within which to commence proceedings for property settlement.
Children & Parenting Matters
The Family Law Act 1975 (Cth) provides that both parents share parental responsibility in relation to their children. This relates to day-to-day care, welfare and development, as well as long-term decisions such as choice of schools.
Parental responsibility is different to which parent children live with and the amount of time that children spend with each parent, which are the most important decisions that separating parents will need to make.
Before one parent seeks to relocate children to another city or town, another state or another country, the other parent’s permission is required. Where the relocation occurs without permission, the other parent may apply to the court for recovery orders for the return of children.
Property & Financial Matters
Prenuptial Agreements, Financial Agreements & Relationship Agreements
International Family Law & The Hague Convention
Collaborative Law, Family Dispute Resolution & Mediation
Family Lawyers in Gold Coast & Brisbane
Family Law in Australia
Family Law in Australia is governed by the Family Law Act 1975 (Cth) in all states and territories except for Western Australia, wherein it is governed by the Family Court Act 1975 (WA).
Family Courts
In all states and territories except for Western Australia, matters in Family Law falls within the jurisdiction of the Family Court of Australia and the Federal Circuit Court of Australia. In Western Australia, the Family Court of Western Australia has jurisdiction of Family Law matters.
Separation & Divorce
Generally, 12 months of separation is required before applying for a divorce. In order to put the fact of separation beyond dispute, it is necessary for one former spouse to inform the other of the decision to separate.
An application for divorce may be made jointly or by one former spouse alone.
If the relationship was de facto or same sex, there is a two-year timeframe from separation within which to commence proceedings in relation to property matters. In contrast, if the relationship was a marriage, there is a 12-month timeframe from separation within which to commence proceedings for property settlement.
Children & Parenting Matters
The Family Law Act 1975 (Cth) provides that both parents share parental responsibility in relation to their children. This relates to day-to-day care, welfare and development, as well as long-term decisions such as choice of schools.
Parental responsibility is different to which parent children live with and the amount of time that children spend with each parent, which are the most important decisions that separating parents will need to make.
Before one parent seeks to relocate children to another city or town, another state or another country, the other parent’s permission is required. Where the relocation occurs without permission, the other parent may apply to the court for recovery orders for the return of children.
Property & Financial Matters
Prenuptial Agreements, Financial Agreements & Relationship Agreements
International Family Law & The Hague Convention
Collaborative Law, Family Dispute Resolution & Mediation
