Family law affects all aspects of family life and relationships, including divorce, child support, child custody, and the like. Some aspects of family law are determined by state, and other aspects of these laws are the same throughout the entire country. Note a few aspects of family law that may affect your marriage and divorce and other related issues so you know if you need to speak to a family law attorney to represent you.
You don't need to be divorced to settle property
Australia has what are called "no fault" divorce laws, meaning you don't need to prove that someone did something in particular in order to obtain a divorce. You also don't need to prove someone's fault or even have the divorce finalized to go through your property settlement hearings. As you and your spouse will need to be separated for some time before you can get a divorce, that property settlement agreement can actually be needed well in advance of the divorce itself. If you or your spouse are in the middle of moving out, you might speak to an attorney about getting property arrangements settled as soon as possible.
De facto relationships are recognized in Australia
De facto relationships are those between two persons who are not legally married, but who share a domestic partnership and relationship, meaning they are not simply friends or roommates. Persons in de facto relationships have certain legal rights when it comes to shared property, financial support, and child custody. If you are in such a relationship and are thinking of ending it, speak to a family lawyer about your rights and the rights of your partner so you know what to expect in court and can ensure those rights are protected.
Parenting orders are legally binding
Family law covers more than just child custody and financial support issues; a parenting order can dictate details of a child's care and welfare that both parents must follow. This can include who a child may communicate with and by what means, whether or not a child can go overseas, where a child will go to school, and so on. Ignoring these parenting orders is very serious; non-compliant parents can face a fine, may need to take parenting classes, or may even face time in jail. Don't assume that because you're the parent, you can make your own decisions about the children, but ensure you understand these details of parenting orders and the consequences of ignoring them.
For more information about family law and how it may affect you, contact a lawyer in your area, such as those at Alexanders Lawyers.Share