Separation
When a marriage break down takes place it is essential to plan for the future. There are changes to the Family Law Act that you need to be aware of in order to ensure you can achieve the best possible results for your matter.
When separating, immediate needs are to be addressed first and then consideration given to the following:
As separation is an extremely emotional period you will need to retain a lawyer as you will be in danger of making poor decisions - particularly where the other side is represented. Current changes to Family Law emphasise dispute resolution wherever possible and, failing this, litigation.
Although these current changes are meant to simplify this area of the law they have only succeeded in making it more complicated. For the self-represented there are a myriad of courts and jurisdictions with which they have to familiarise themselves together with the relevant law, court rules, procedure and regulations where appropriate. Matters are made more difficult if you are a de facto couple who are going through a separation and have children, as part of your affairs will fall under the family law system and part under the relevant state-based system.
Where attempts are made to resolve spousal maintenance, parenting and property issues privately it is best to obtain legal advice so that you better understand your position. It is impossible for the self-represented to understand this area of separation law without informed legal advice. The sooner you see a solicitor, the better off you will be as it will improve your understanding about what needs to be done irrespective of what approach you take to this matter in future.
Obviously couples going through a separation will rely heavily on dispute resolution in an attempt to reach agreement co-operatively but, failing this, they will need to consider court action to resolve a family law matter. Irrespective of whether the parties rely upon dispute resolution or court action significant costs will be incurred. Although the current changes are designed to reduce costs associated with counselling/mediation/disputes resolution, significant costs will still be incurred.
Although legal aid may be available to some, access to it will be severely restricted as the income test is very low. For those who choose the self-representation route it is fraught with difficulty and it is not recommended despite the current changes to the Family Law Act in 2006. One of the great difficulties will be that at least one party involved in a family law matter will be represented and if the other party chooses not to be then they are on a hiding to nothing. How can the self-represented hope to deal with the sophistication and knowledge possessed by a lawyer who practises in this area of the law? Obviously the inequality between the self-represented and the represented will be reflected in the final outcome.
Naturally the self-represented will make many mistakes along the way including approaching court staff believing that they can provide legal advice when all they can do is provide information and general assistance. How can any self-represented person expect to obtain the skill, knowledge and expertise required to properly deal with their matter when it takes a lifetime of practise by a qualified lawyer to deal with these matters effectively?
Following separation it is essential for the parties to turn their minds to resolving their status, children and property matters. Every attempt should be made to try and settle these matters as soon as possible. It is best to obtain legal advice so that you understand what needs to be done and how to approach matters to achieve the best possible results for all.
Family Lawyers
LAC Lawyers have a team of lawyers with the experience in family law cases that you need to get the best outcome. The following is a selection of our currently practicing family lawyers.
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Legal Practitioner Director
Family Lawyer Sydney
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Family Lawyer Sydney |
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Family Lawyer Melbourne
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Family Lawyer Melbourne
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You only want the best for your family. LAC Lawyers have proven experience in family law, and will help you get the outcome you want. For more information about separation, call LAC today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne).
Separation Articles
Family Law - Binding Financial Agreements - Spousal Maintenance Provisions - The power of courts to order spousal maintenance regardless of binding financial agreements
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
Criminal Law - Child Abduction
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
Abduction is defined as the unauthorised removal of a minor from the custody of the child’s natural or legally appointed guardians.
Australia is party to the Hague Convention, an international agency that battles the prevention and eradication of child abduction. The Hague Convention is a multilateral legal treaty signed by Australia, as well as many Asian countries, European countries and the US in which they agreed to assist one another when possible child abduction may arise.
Family Law - Hidden Assets: How can the law protect you?
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
Obtaining a property settlement due to divorce can be a very complicated procedure which often causes great angst and stress amongst all parties involved. Our Family Law Solicitors understand that as a result, people are often led to hiding their assets, in order to ensure that their former partner does not receive a just and equitable amount. However, this is a breach of their statutory obligations to make a full and frank and disclosure and our Family Law Solicitors will ensure that all information are brought to the table by your former spouse.
Family Law - Property Financial Statements
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
In financial cases, parties are required to file a financial statement with their initiating application. A financial statement contains a detailed summary of an individual's financial condition. The parties must also file an amended financial statement later in the proceedings if their circumstances change.
Family Law - Property Settlement Proceedings
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
The parties to the marriage are under a legal obligation, under the Family Law Rules, to try and resolve and differences between them by way of an alternative dispute resolution (ADR). ADRs may include negotiation, family counseling, conciliation or arbitration. In the event that ADR is unsuccessful, try writing to the other party, setting out your claim and perhaps making proposals for settlement.
Family Law - The Legal Obligation of Full And Frank Disclosure
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
As at 1 June 2009, the Family Law Rules provides that each party to a case has a duty to the Court and to each party to give full and frank disclosure of all information relevant to a case, in a timely manner. Such obligation is of particular significance to proceedings relating to spousal maintenance; declarations of interests in property; alterations of property interests; setting aside property orders; maintenance agreements and their termination.
Family Law - Relocation of Children
Date: October 13, 2011
Author(s): Angelita Manlangit LL.B.
LAC Family Lawyers are able to advise parents of children who wish to relocate or whose former partners wish to relocate and hence affect the location or visitation rights of the parents. Our Family Lawyers are able to provide compassionate advice in order to protect the best interests of the child and ensure that you as the parent maintain access to your children.
Family Law - The legal rights of de facto couples versus married couples
Date: December 20, 2010
Author(s): LAC Lawyers
Since June 1999 the term De Facto has been used to describe the relationship between the two adults (over the age of 18 and including couples of the same sex) who...
Family Law - The importance of documents and the process of discovery and disclosure
Date: December 08, 2010
Author(s): LAC Lawyers
It is a fundamental principal in family law that the process of discovery and disclosure of all material that is relevant to the case be made to ensure a fair outcome.
Family Law - Rights v Interests: the family law experience
Date: October 07, 2010
Author(s): LAC Lawyers
When you first see your family lawyer, there’s a jumble of information you need to provide and even more information for you to receive. You’re understandably emotional and perhaps confused about what lies ahead for you.
Family law - Separation
Date: August 09, 2010
Author(s): LAC Lawyers
Separation is very common in todays’ world. Separation is somewhat described as the end of an intention by parties to continue to live together. The intention to separate is communicated to the other and often one party moves out of the home or they start leading separate lived under the same household.
Family law - Spousal relationships - What's the law got to do with it?
Date: June 15, 2010
Author(s): LAC Lawyers
Whether your new spousal relationship is a married, de facto or same sex relationship; at the beginning, consideration of the law is the last thing on your mind.
Property Law - Family Law - The concept of joint land ownership when family relationships break down.
Date: May 17, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Joint land owners hold land either as joint tenants or as tenants in common. Joint tenancy is far more common. Through this method of ownership, the interests of one spouse or partner are deemed by law to flow automatically to the surviving spouse or partner irrespective of whether the deceased spouse or partner has left a will or other testamentary document.
Family Law - Considering Seperation? Here are your next steps
Date: March 31, 2010
Author(s): LAC Lawyers
Whether you are married or have been living in a domestic relationship, if you are considering separation you should also consider your family law obligations and entitlements before you finalise the decision to separate. At such a difficult and crucial stage in your life, it will be important for your transition to a new life to be as calm and smooth as possible.
Family Law - The Competing Issues of Bankruptcy and Family Law
Date: January 13, 2010
Author(s): LAC Lawyers
Family law property settlements or applications for spousal maintenance may be further complicated where one spouse is bankrupt or considering bankruptcy. In these circumstances, a conflict clearly arises between the competing interests of a trustee in bankruptcy and the separated non-bankrupt spouse in determining how property should be distributed between the parties.
Family Law - De Facto Spousal Maintenance
Date: August 17, 2009
Author(s): LAC Lawyers
A recent development in de facto family law has seen an expansion of the eligibility of parties in Australia to spousal maintenance. Pursuant to the Family Law Amendment (De Facto Financial Matters and other measures) Act 2008 (Cth), a person of a de facto relationship that separated on or from 1 March 2009 may be entitled to receive spousal maintenance.
Family Law - Children - Recovery Orders
Date: May 19, 2009
Author(s): LAC Lawyers
Once you separate, you and your former partner will need to make some immediate decisions about practical issues about your children. It is a good idea once you have made the decision to separate to get legal advice. Unfortunately children often become embroiled in a tug-o-war situation when their parents are living separately, but both parents need to remember that they need to put the child’s best interests before any other concerns.
Family Law - Marriage Separation or the break down of a long term de facto relationship is always difficult. At LAC Lawyers we can guide you through the legal process
Date: May 19, 2009
Author(s): LAC Lawyers
Separation is a major step for everyone. It's a time when you need help and information. Most people admit feeling the worst they have ever felt in their life. Should you and your partner decide to separate, it is vital that certain immediate decisions will need to be made in relation to the children and your finances. It is at this stage that you should seek legal advice about your situation, and here at LAC Lawyers, our experienced solicitors can guide you through this sometimes traumatic and cumbersome process, as painlessly as possible!
Family Law - The importance of a instructing a lawyer when applying for divorce
Date: February 04, 2009
Author(s): LAC Lawyers
Many people believe that they can undertake a Divorce on their own without legal assistance. However cost effective this may seem most Divorce cases are complicated involving children, property and other financial matters. At LAC Lawyers we will provide you with a quality and efficient service designed to ensure your Divorce and other related matters become final in the eyes of the Court.
Family Law - Are you Eligible to Obtain a Divorce and What is Involved in Obtaing One
Date: February 24, 2008
Author(s): LAC Lawyers
Family Law - Where to Apply for a Divorce and the Costs Associated With Divoirce Proceedings
Date: February 24, 2008
Author(s): LAC Lawyers
Marriage breakdowns is a very sad, yet regular incident in our Australian Society. Some surveys have indicated that over 40% of families in Australia undergo divorce each year. During such a stressful time of marriage breakdowns, many parties do not have any background knowledge about the procedures for obtaining a Divorce and what is involved, and when their marriage does irretrievably breakdown, they often feel lost and alone and do not know where to seek help from.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
Family Law - The Divorce Process
Date: September 14, 2006
Author(s): LAC Lawyers
Applications for divorce are processed by Registrars of the Federal Magistrates Court, who sit in the federal court buildings at Sydney and Parramatta . The court process is quick and easy for most people, and if there are no children under the age of 18 attendance at court is unnecessary for either party.