Your rights during a separation depend on your circumstances, but there are several key legal principles in Australian family law that protect you. These rights are designed to ensure fairness and clarity during what can be a challenging time.
How do I know if I need a family lawyer?
Deciding whether you need a family law solicitor often depends on the complexity of your situation and the potential legal consequences. If you’re unsure, here are some common scenarios where consulting a family law solicitor is highly recommended.
What does ‘no fault’ divorce mean?
‘No fault’ divorce means that a couple can legally end their marriage without needing to prove that one spouse is responsible for the breakdown of the relationship. In Australia, this principle is governed by the Family Law Act 1975 (Cth), which removed the need for allegations of wrongdoing, such as infidelity or cruelty, as a basis for divorce.
What is a Binding Financial Agreement, and do I need one?
A Binding Financial Agreement (BFA) is a legally enforceable document under the Family Law Act 1975 in Australia that sets out how financial matters will be handled between you and your partner. It can address property division, spousal maintenance, and other financial issues, providing clarity and certainty in the event of a relationship breakdown.
What happens if my partner and I can’t agree on property or parenting arrangements?
If you and your partner cannot agree on property or parenting arrangements after separation, there are several steps you can take to resolve the dispute. Australian family law encourages out-of-court resolution whenever possible, but the court process is available if necessary.
How are assets divided after separation or divorce?
In Australia, the division of assets after separation or divorce is governed by the principle of what is “just and equitable,” as outlined in the Family Law Act 1975. The process involves assessing the financial and non-financial contributions of each party, as well as their future needs, to reach a fair outcome. Learn how it work.
How do I file for divorce in NSW?
Filing for divorce in New South Wales (NSW) involves several steps to ensure compliance with Australian family law. Here’s what you should consider if you’re considering filing for divorce.
What should I look for when choosing a family lawyer?
Choosing the right family lawyer (or family law solicitor) is an important decision that can significantly impact the outcome of your case. Here are the key factors to consider when selecting a family lawyer.
What does a family lawyer (a family law solicitor) do?
A family lawyer, or family law solicitor, specialises in legal matters related to family relationships. They provide advice, support, and representation in situations involving separation, divorce, parenting arrangements, property settlements, and other family-related issues. Here’s a breakdown of what a family lawyer typically does.
Why you need to have a binding death benefit nomination
In a Will your personal assets will form part of your estate and will be distributed according to your wishes. However, your superannuation and any death benefit do not generally form part of your Estate, and therefore you need to do a Binding Death Benefit Nomination (BDBN) to ensure your Superannuation Balance and Death Benefit or related payments are paid in accordance to your wishes. Read our latest blog for more…