Family law is one of the most dynamic and diverse branches of law that helps to protect the rights and interests of families in particular, and society in general, during the most difficult periods. Family law in Australia deals with many aspects of the breakdown of marriage and de facto relationships, including divorce, child custody, property division, and alimony. Thus, it is crucial for the families who deal with these legal issues to be aware of the specifics of family law to be ready to defend their rights and the rights of their close ones.
The Importance of Family Law in Australia
Family law in Australia is regulated by the Family Law Act of 1975 that defines the procedure of resolving family-related problems. The act aims at the protection of children’s rights and their best interest especially in cases of separation or divorce. Of all the legal issues that families encounter during such a time, child custody disputes are some of the most complicated, especially in cases of divorce.
The legal system of Australia has acknowledged the need to preserve the meaningful relationships between the children and both parents where it is safe and in the best interest of the child. The emphasis is always placed on the formation of the environment that would be stable, safe, and nurturing for the children engaged. In many cases, parents involved in child custody disputes face a lot of emotional turmoil and therefore any information regarding the legal procedures and standards is very vital.
Child Custody Disputes: Legal Process and Considerations
In Australia, child custody is called parenting disputes where the aim is to determine the parenting order or agreement as to how the time of the child will be divided between the two parents. These disputes can occur at the time of divorce or separation and the decision depends on the welfare of the child and not the parent’s desire.
Factors considered in determining the best interests of the child include:
- The contact between the child and each parent and other members of the child’s family.
- The child’s preferences (depending on the age and level of development of the child)
- The capacity of each parent to meet the needs of the child in terms of emotional, physical and educational needs.
- Family violence or abuse of any sort
In some situations, mediation has to be conducted before the case can go to court. This process makes both parties sit down and come up with a parenting plan without having to go to court. However, if the case cannot be solved through mediation or if mediation should not be used, the case goes to the family court and a judge will make a decision based on the information given by the two parties.
At Tonkin Law, we know how stressful these disputes are to families. Our family lawyers in Australia are highly qualified and understand the emotional nature of such cases and will ensure that parents are not left alone.
Property Settlements and Financial Arrangements
In addition to child custody issues, property settlement is another major area of the family law. This means the distribution of property and debts acquired during a marriage or de facto relationship. In Australia the law seeks to achieve an outcome that is fair and equitable between the parties but it must be remembered that fair does not necessarily mean equal.
The court takes several factors into consideration when determining property settlements, such as:
- The incomes, assets and savings of both parties as well as the contributions that each of them is willing to make.
- Other types of resources include homemaking and child-rearing.
- The future requirements of each party as well as the earning capacity, age, health and care of children.
Although some couples may sort out property settlement on their own, others may need legal advice to arrive at a particular decision. It is very important to consult a lawyer as soon as possible in order to avoid compromising your rights and property.
Tonkin Law provides professional legal advice for property distribution and assists the clients in dealing with the legal aspects of the division of property and adjusting to new financial situations. Our services are individualized based on the situation of each family and focus on the best possible results for all the involved parties.
Spousal Maintenance and Financial Support
Another important area of family law is the spousal maintenance. This means that one of the two parties in a marriage or a partnership is obliged to pay a certain amount of money to the other after the union has dissolved. Alimony is not awarded as a matter of course, but is usually ordered when one party cannot properly support himself or herself because of age, health, or other circumstances.
There are several factors that the court has to take into consideration when deciding whether or not to order spousal maintenance, and the financial position of the parties and the length of the marriage or domestic partnership.
Conclusion
Family law issues are private and frequently involve high levels of conflict. It is crucial to have legal advice when it comes to child custody, division of property or alimony since the laws may vary from one state to another. Family law is not always easy to understand in Australia but with proper legal assistance the families are able to come up with solutions that are reasonable and in the best interest of everyone.
At Tonkin Law, we pride ourselves in ensuring that we offer professional and most importantly empathetic legal services to families in Australia. We are here for you to help you navigate the legal system and be able to make sound decisions that will safeguard your future and that of your family.
