FAMILY LAW

Following the separation of a couple, one of the most important and fraught issues can be how the property of the marriage/relationship is to be divided. This is referred to as a ‘property settlement’.

Following a relationship breakdown, one of the most difficult issues for parents to deal with can be the parenting arrangements for their children. These arrangements include where the children will live, who will have responsibility for the children and when each parent will spend time with the child. The key consideration in all of these areas is what is in the best interests of the child.

Prior to 2009, the Family Court had jurisdiction to hear matters concerning children only in relation to de facto relationships. Since 1 March 2009, amendments to the Family Law Act 1975 have meant that the Family Court and the Federal Circuit Court are able to hear and make orders in relation to property and financial matters arising out of De Facto relationships as well as marriages.

It is often thought that the first process to be undertaken after separating from a married spouse is “the divorce”. A divorce is simply the process by which a legal marriage is dissolved and does not relate to orders or agreements in relation to property settlement or in relation to children. It is for that reason that parties often resolve financial and parenting issues before applying for a divorce.

By the use of a Binding Financial Agreement, you and your partner/spouse can determine prior to, during or after the cessation of a marriage or de facto relationship how the assets and liabilities of the relationship will be distributed if the relationship breaks (or has broken) down.

The amount of support that a parent is required to pay for children after the breakdown of a relationship is known as “child support”. Child support is determined by the Department of Human Services (formerly known as “The Child Support Agency”) by reference to an administrative formula. That formula is based upon the taxable income earned by each parent and the care arrangements that exist in relation to the children.

Uther Webster & Evans recognises that unique legal issues are raised in LGBTQI parenting and property matters.