10 FAQs About the Australian Family Law

By | November 16, 2021
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Family is the warmest home for everyone, especially for children who still need care from their parents. However, it is not easy to build a friendly family as thousands of problems might create a big crack in the family relationship. 

In the latest 19th century, many families faced various problems that led them into relationship breakdown. As a result, children become the biggest victims of this case. 

That is why Australian family law aims to help and guide people to solve issues in the family involving family relationship breakdown or divorce. There are lots of services and information to help people deal with family issues. 

This law deals with various problems in a family such as child custody, adoption, divorce, family relationship, personal property, and other issues. Understanding the law about family might be hard for you who have no law background knowledge.

Australian Family Law

10 Common Questions about the Australian Family Law

A family lawyer works on guiding the family to solve any issues related to the family relationship. If it is hard for you to understand this law, ten common questions are frequently asked about Australian family law.

1. What is the definition of divorce? 

Divorce is a dissolution of marriage. It is a legal action to process the termination of the marriage relationship. It is also a recognition that your marital status with your spouse is over. You can obtain a divorce if your marriage breaks down and you have not been together as a married couple for less than a year before filing the divorce application. 

2. What is the definition of de facto relationship?

De facto relationship is generally a relationship between two persons who are not legally married of opposite or the same sex. They have no relation in the family, but they have a legal relationship authorized by the state. 

3. What is the explanation about Child Support or Maintenance?

Child support is reliable financial support that will help to fulfil the child’s daily needs. The parent who does not take care of the child day today will pay the child maintenance to the parent who takes care of the child. This happens when parents are no longer in marriage. 

4. What is Parenting Order? 

A parenting order is a Court order for the parent or a person who can have responsibilities for children. It is a legal order so that the person has the right to take care, live, communicate, and be responsible to the children. Your family law solicitors will definitely help you to fill the application. 

5. How is a Court deciding who the child should live with?

The court’s consideration is the thing which is the best decision and interest for the child. Some factors are set out in the Family law to decide who is the best person to take care of the child. The person must be the one who understands the best interests of the child. The family court lawyers assist you in choosing the best person to take care of the child. 

6. How do Courts determine the property settlement? 

The family courts’ process to decide a fair law property settlement is more than a mathematical one. The policy in each country might be different, but in Australia, the debts will be shared equally. The courts have broad wisdom in making orders of property settlement, and the results are very varied. 

7. What is the definition of Maintenance of Spousal?

Maintenance of spousal or spousal maintenance is the money paid by one party or spouse, call the paying spouse, to the other one who becomes the receiver. This happens in the conditions when the receiving spouse cannot support themselves sufficiently. 

8. Should I legalize the property settlement?

Yes, it is really important for you to solve property settlement problems. It would help if you asked your family lawyers to help you apply for a consent order to protect your settlement. 

9. How long is the time limit?

It would be best for you if you could resolve or at least persuade the court to proceed with your property settlement or anything related to the spousal maintenance matters in a year after you attained the divorce. Before the limits, you may get help from the family matters lawyers to formalize your proper settlement. 

10. Should I change my Superannuation or Will or Powers of Attorney for separation? 

Yes, you do. In family law, it is essential to check out your Will’s terms, the Superannuation, and the Power of Attorney. If you do not have a Will, you have to prepare for the change of your circumstances.