Family Law

Your Guide to Separation, Parenting, and Property Settlements

Family Law in Australia

At Bansal Lawyers, we focus on Family Law in Australia. We offer expert legal help for individuals and families. Our services support those dealing with separation, parenting disputes, and property settlements. Whether you’re married or in a de facto relationship, our team is here to ensure you understand your legal rights and options.

Overview of Family Law in Australia

Family Law in Australia is governed primarily by the Family Law Act 1975 (Cth), which applies across the nation. However, Western Australia has its own legal framework for de facto relationships, distinct from the Commonwealth system that applies to married couples. In WA, de facto couples must resolve property and parenting disputes through state-based laws, while married couples follow the national Family Law system.

The Family Court of Western Australia is the only court handling family law matters in the state, while across Australia, family law cases are dealt with by the Family Court of Australia and the Federal Circuit Court of Australia.

Key Areas of Family Law

1. Separation and Divorce

Marriage: In Australia, divorce is granted on a no-fault basis, meaning there is no need to prove wrongdoing like infidelity. After 12 months of separation, you can apply for a divorce. For marriages of less than two years, couples may be required to attend mediation or counselling before filing for divorce, unless family violence is involved.

De facto Relationships: If you've been living with your partner for more than two years, you're considered in a de facto relationship. Separation in de facto relationships doesn’t require a formal divorce unless children or property are involved.

2. Parenting Arrangements

When resolving parenting disputes, the best interests of the child are the court's primary consideration. Parents are encouraged to reach agreements about important matters, such as:

• Living arrangements
• Schooling and education
• Time spent with family members
• Medical care and treatment

Parents can make informal agreements (verbal or written), or they may formalize these arrangements through Consent Orders, which are legally binding and enforceable by the court. If parties cannot reach an agreement, they may be required to attend mediation before the court considers the case.

3. Child Support

Child support ensures non-residential parents contribute to the financial care of their children. Parents can manage child support payments through:

• Self-managed agreements between parents
• Registered assessments through Services Australia, based on income and care arrangements
• Court orders, typically in cases involving children over 18 with special needs or continuing education

4. Property Settlement

Property settlements determine how assets and debts are divided after separation. Whether you’re married or in a de facto relationship, property settlement applications must be filed:

• Within 12 months of divorce (for married couples)
• Within 2 years of separation (for de facto couples)

Settlements can be reached informally, formalized through Consent Orders, or determined by the court if no agreement is made. Courts consider contributions (financial and non-financial) and future needs (such as health and care responsibilities).

5. Spousal Maintenance

Spousal maintenance may be required if one partner is unable to support themselves after separation. The court considers factors like age, health, income, and the financial impact of the relationship when deciding on maintenance obligations.

6. Family Dispute Resolution (Mediation)

Mediation is a vital step in resolving family law disputes, especially for parenting and property matters. Before seeking court intervention, parties are often encouraged to attend Family Dispute Resolution (FDR) to try to reach a mutually acceptable solution. If mediation fails, the court may require a Section 60I Certificate, allowing the case to proceed to court.

Why Choose Bansal Lawyers for Your Family Law Matters?

At Bansal Lawyers, we understand that family law issues can be emotionally challenging and legally complex. Our experienced family lawyers are here to guide you through the entire process, whether you are dealing with separation, divorce, property settlements, or parenting disputes. We provide personalized legal advice tailored to your situation, ensuring the best possible outcome for you and your family.

Contact Bansal Lawyers Today

If you're facing a family law issue, don’t navigate it alone. Contact Bansal Lawyers today to schedule a consultation with our experienced family law team. We are dedicated to helping you resolve your family law matters efficiently, with empathy and expertise.