What Type of Matters Does a Family Law Lawyer Deal With?

Family law is one of the most sensitive areas for legal practice, as it is related to personal matters, finances, and the well-being of individuals. Whether it is marriage, divorce, custody of children, or financial settlement, family lawyers in Sydney play an important role in guiding individuals through these legal challenges.

In Australia, the Family Law Family Act is managed in 1975, including various aspects, including divorce, real estate settlement, custody of children, playful maintenance, and more. Family lawyers specialise like Platinum Lawyers in dealing with these legal conditions, ensuring that customers’ rights and interests are protected.

In this article, we will find out several issues that family lawyers handle, the importance of legal representation in family disputes, and some answers to the questions that were often asked.

1. Divorce and Separation

One of the most important areas of family law involves divorce and isolation. Eliminating a marriage or real relationship can be emotionally challenging and legally complicated. Family lawyers help customers navigate the divorce process, and ensure that all legal requirements are met.

Legal requirements for divorce in Australia

The couple should be separated for at least 12 months before applying for divorce.

Australia follows a divorce system without errors, which means that the court does not consider the causes behind the collapse of marriage.

The application for divorce can be filed jointly or individually.

Family lawyers help prepare and archive divorce applications, represent customers in court if necessary, and ensure a steady legal process.

2. Child Custody and Parenting Arrangements

After a separation, it is an important aspect of family law to determine the system of custody and upbringing. Australian legal system prioritizes the best interests of the child and determines the parenting system.

Parent Orders Types

Parental Plan – An informal appointments were signed between the parents about child care.

Consent order – Legislative binding agreement approved by the court.

Parent order-when parents cannot agree, to schemes from the court.

Family lawyers help to interact for custody and ensure that the parents’ responsibilities are quite divided into significant differences in the needs of the child. If disputes arise, lawyers represent their customers in court to ensure the best possible result for the child.

3. Property and Financial Settlements

Sharing properties and financial resources by insulation often leads to a complex process. Family laws help customers to assess their financial situation, interact with settlement and now fair property settlement by ensuring legal compliance.

What assets are assessed by property settlement?

Property (family home, investment properties)

Bank account and savings

Pension

Business and investment

Vehicles and valuable property

Loans and obligations

Property settlement in Australia follows the “justified and legitimate” principle and ensures that the two pages receive a proper part based on their economic and non-financial contributions to the relationship.

4. Spousal Maintenance

Spousal maintenance is the financial assistance provided by a partner after separation. Not everyone deserves the maintenance of spousal, and it depends on such factors as:

Financial requirements for the applicant

Other side capacities

Age, health, and ability of both sides to serve

Family lawyers are considering whether their customer is eligible for unstable maintenance and helps to archive requirements or interact with the other page.

5. Domestic Violence and Family Violence Orders

Family lawyers also handle cases related to home violence. Domestic transfer of victims may require legal protection through home violence (ADDO) or family violence orders.

How do family attorneys help in home violence

Apply for security orders

Delegation

Ensure

Provides legal advice on insulation and custody cases

In cases of domestic violence, immediate attention is needed, and family lawyers play an important role in ensuring that the victims receive the legal protection they need.

6. Adoption and Surrogacy

Family lawyers help customers navigate the legal aspects of surrogacy in Australia.

Adoption law in Australia

The adoption process must follow the state and regional laws.

Both national and international adoptions require court approval.

Biological parents should agree on the legal basis of the discount.

Surrogacy law in Australia

Surrogacy should be philanthropic (commercial surrogacy is illegal in most states).

There should be a surrogacy agreement before conception.

The intended parents must apply for parental orders to get the rights to legal parents.

Family lawyers guide potential adoptive parents and intended parents through a legal process, and ensure compliance with all legal requirements.

7. Binding Financial Agreements (BFAs) and Prenuptial Agreements

Binding Financial Agreements (BFA) are legal agreements between couples explaining how property and finance will be divided in case of insulation. These agreements can be entered:

Before marriage (formerly)

During a marriage or real relationships

After separation or divorce

A family lawyer helps to prepare legally binding agreements that protect the customer’s financial interests.

8. Grandparents’ Rights

In some cases, grandparents may need to make legal support to maintain contact with grandchildren, especially in situations where parents’ disputes arise. The Family Act of 1975 recognizes grandparents’ rights to maintain a relationship with their grandson.

Family lawyers help grandparents apply for parenting orders to ensure that they can make a meaningful relationship with their grandchildren.

FAQs

1. When should I keep a family lawyer?

If you work with the need for legal guidance with divorce, custody of children, property settlement, home violence or legal matters related to any other family, you should hire a family advisor.

2. What does a family lawyer in Australia cost?

The cost of hiring a family lawyer varies depending on the complexity of the case and the lawyer. Some lawyers offer regular fees for services such as divorce applications, while others require hours per hour.

3. Can family lawyers help in real conditions?

Yes, Australian family law recognizes real conditions, and family lawyers assist in matters such as real estate divisions, custody of children, and real financial settlement for couples.

4. How long does divorce in Australia?

A divorce usually takes about 4 to 6 months, from the submission of the application to receiving a divorce. However, it may take longer to solve financial and custody disputes.

5. What will happen if we cannot agree on the custody of children?

If parents cannot agree on the custody scheme, the case may be taken to court, where a judge will decide based on the child’s best interests.

Family lawyers play an important role in dealing with legal matters related to marriage, isolation, children, finances, and home violence. The demand for legal aid ensures that the person receives EXP.

Looking for Expert Family Lawyers to Handle Your Case?

When it comes to family law matters, having the right legal support can make all the difference. If you’re searching for highly experienced family lawyers to assist with your case, we strongly recommend reaching out to Platinum Lawyers.

At Platinum Lawyers, we take immense pride not only in the expertise and dedication of our legal team but also in the values we uphold and the personalised support we provide to our clients. We understand that family law cases can be emotionally challenging and legally complex, which is why we are committed to guiding you through every step of the process with professionalism and compassion.

Whether you need legal assistance for divorce, child custody, property settlements, spousal maintenance, or any other family law matter, our team of expert family lawyers is here to offer tailored legal solutions that protect your rights and best interests.

For reliable legal support, contact Platinum Lawyers at (02) 8084 2764. Our team is ready to assist you with trusted advice, strategic guidance, and strong legal representation to help you achieve the best possible outcome in your case.

Let us take the stress out of your legal journey—call us today and get the expert legal help you deserve!

Protecting Your Child’s Inheritance: What Can You Do?

 

Parents who do advanced Estate Planning for their children are on the right track. Doing so ensures that you protect your hard-earned assets, giving you the assurance that these various assets will stay in the family and be passed on properly to your rightful heirs.

It can become tricky if you don’t have the proper documents. For example, if your child doesn’t have a Prenuptial Agreement and faces a divorce, your properties may end up with an in-law you don’t even like. For this reason, you must consider seeking a lawyer’s help to protect your kids’ inheritance from any unforeseen or unfortunate circumstances. Fortunately, you will find many ways to secure your children’s inheritance, allowing future generations to also enjoy the fruits of your labour. 

 

Create a Trust for Your Children

A trust typically involves three parties, you (the person creating the trust, also known as the grantor or trust maker), the person holding the trust property for the benefit of the children (known as the trustee), and your kids, also known as beneficiaries. 

For best results, hire reputable Property Lawyers who can help you setup a ‘lifetime trust’ that lasts for the lifetime of the beneficiaries and immediately gets passed on to the next generation upon their death. You must also ensure your chosen trustee is independent and trustworthy. Assets in this kind of trust are protected against co-mingling in marriage. As such, any future spouse cannot go after the said property. On top of that, it dramatically reduces estate taxes. 

Suggest a Prenup Before Marriage

You can establish a Prenuptial Agreement for your children to prevent their future spouse from staking a claim in your assets. This document, executed by experienced Property Lawyers, will be an agreement between your child and their spouse-to-be, itemizing assets owned before marriage. Hence, in case of a divorce, only properties earned jointly upon marriage will be included in the division of assets. To ensure that they will strictly enforce this document even after your death, you must seek legal advice when drafting this agreement. 

Other Excellent Planning Suggestions

Apart from using actual legal tools, you must let your immediate family know your wishes. When your children have matured and reached the right age, you must have a discussion about your estate with them. Declare your intentions and explanations as to why you set things up a certain way. This could mitigate potentially hurt feelings when your assets are eventually divided upon your demise. After all, you are doing everything you can to protect your children, so you need to convey that to them. Speaking about things ahead will allow you to deal with potential conflict while you can still address them verbally and in a sound state of mind. 

Seek Expert Advice from the Best Lawyers

Suppose you want to make sure your estate gets distributed properly among all your descendants. In that case, you need Estate Planning to ensure your desires are carried out accordingly even after your passing. Thus, it is vital to speak with an expert team like Platinum Lawyers. Our team will sit down with you and help you create a plan that meets your objectives. We can also help you update an old, existing estate plan to protect your assets. To book a consultation, call us at (02) 8084 2764. 

Can A Mother Take Her Child Abroad Without The Father’s Consent

 

If you want to take your kids overseas without the father’s consent, you should know how the law works. This is especially important if you are separated or getting a divorce. There are laws in place to protect children from being taken out of the country by one parent without the other parent’s permission.

Even if you are on vacation, you should ensure that taking your kids overseas without your partner’s or ex-partner’s permission won’t get you in trouble with the law.

Why Do I Need Consent From My Partner?

In recent years, there have been several high-profile cases where one parent took a child out of Australia and to another country. For example, the Australian Missing Persons Register says that more than 150 children are handled by a parent every year, and many are never found.

There are many reasons why children can be taken out of the country. Sometimes it’s because of domestic violence. Sometimes, it’s because of a custody battle; sometimes, a parent wants to move with their kids but doesn’t want to go through the legal steps to do so.

What Does The Law Say About Sending Kids To Another Country?

Even though there has yet to be a law that makes it illegal, many rules make it hard for parents to take their kids overseas without the other parent’s permission.

If one parent takes a child without the other parent’s permission, the other parent can ask the court for a recovery order. For example, a recovery order is a document from the court that says one parent has to give back a child or children. If you get a recovery order, it’s essential to follow the rules because you could face more legal trouble if you don’t.

Can My Partner Stop Me From Taking The Kids To A Different Country?

If your partner is worried that you might sneak the kids out of the country without their permission, they can put your kids’ names on an airport watch list.

The AFP maintains the airport watch list and requires airports in Australia to retain it. However, if a parent with a child on the airport watch list tries to take that child out of the country, the child will not be allowed to leave.

This applies to both parents, so if your partner wants your children to be on the list, they will be able to leave the country once the court order is lifted (which can only be done by the AFP). Your partner can also ask to be put on an airport watch list and a list of people who can’t leave Australia. This official court order says you can’t take the kids on order out of the country.

What If My Partner Doesn’t Want To Let Me?

If your partner doesn’t let you take your kids outside of Australia, you can ask the Federal Circuit Court in Australia for permission.

You will have to sign an affidavit and tell them where you are going, your plans, if you have any ties to the country you are going to, and anything else necessary. You may also have to pay a certain amount as a deposit, which will be returned to you when you leave.

Can I Get My Child A Passport?

Both of the child’s parents must sign the application for a child’s passport. This is usually the name of the parent listed on the child’s birth certificate. Still, it can also be grandparents or other relatives who may have parental responsibility or welfare organisations that have taken care of the child.

If parents or someone with parental responsibility signs the passport, it will be issued. But you can ask the Department of Foreign Affairs and Trade to make an exception and let you get a passport without the signatures of both parents.

Even though it is easier to take your kids abroad with your partner’s permission, it is sometimes possible.

The law protects children and families from illegal child abduction, so you should talk to a lawyer if you want to take your kids out of the country against your partner’s wishes.

So, to sum up, have fun planning for the holidays, but watch out for the things above, and if you need more time, talk to the other parent to avoid problems.

Platinum Lawyers is a law firm with offices in both Sydney and Parramatta. If you want to meet with a family lawyer, call us at (02) 8084 2764.

Will Your Super Be Split During a Divorce or Separation?

 

The Superannuation Splitting Laws allow couples to divide their superannuation in the event of a divorce or separation. Under the law, one partner may split the funds remaining in the superannuation fund to make a payment to the other party’s fund after the separation.

Notably, under the Family Law Act superannuation is considered to be akin to property. However, it is different from other physical assets as it is held in trust. Therefore, it is not converted to cash, and the funds still fall under the superannuation laws and the usual conditions for its release. Thus, you need a Divorce Lawyer to help guide you when it comes to Superannuation and Divorce, to protect your best interests.

Find Out What You’re Entitled to When It Comes to A Superannuation Split

Under the Family Law Act, you may be entitled to a superannuation split or legally required to split the fund if you were married or in a de facto relationship but have now separated. In the latter, the person seeking superannuation orders must be in an actual relationship for at least 2 years. However, if there is a child, the 2-year rule no longer applies, so the party can seek superannuation orders even if the separation is before the 2-year mark. Consult a Family Lawyer in Sydney to assist you in the process.

How Much of Your Superannuation Will You Have to Pay? Or How Much of Your Ex-Partner’s Superannuation Will You Be Entitled to Receive?

In a long relationship where both parties had no substantial superannuation at the start of their relationship, the split is calculated equally. The superannuation and divorce proceedings will compute both parties’ superannuation interests and divide them by two. Once split, the other half will go to the other party’s fund of choice.

However, this kind of even split is not always the case. If you are undergoing this process, you can make an agreement with your former partner. Alternatively, you can seek the assistance of a Divorce Lawyer to negotiate the superannuation split that fits your needs. For example, you can ask for more cash assets to buy a new home while the other party can keep the super because the age is closer to retirement.

You can make deviations in the property settlement based on your needs and preferences so speak to a Family Lawyer in Sydney for guidance. The Family Courts have a broad range of discretionary measures in determining an equitable division of superannuation interests. If you go through the court to settle the dispute, they follow a four-step process for determining each parties’ superannuation entitlement:
Value of the superannuation
Assessment of each individual’s financial and non-financial contributions to the fund’s purchase, conservation, and growth.
Consider factors under the Family Law Act, including but not limited to:
Age of each party
State of each party
Income earning capability of each party
If there are children and who has custody
Other existing financial obligations of each party
Ensure the final settlement is just and fair after evaluating each party’s unique circumstances.

How Soon After Separation Can You Make a Superannuation Claim?

If you were married, you ought to apply for superannuation orders in court within 12 months of your divorce order. However, you can make a claim any time after the separation if you still have not obtained this order.

If you are in a de facto relationship, apply for the superannuation court orders within 2 years of your separation from your partner.

If you exceed the suggested period, the Court may grant leave to the other party if they establish financial difficulties. Therefore, be aware of these limits so you can claim what is rightfully yours.

Where Can You Find Information About the Value of Your Superannuation Fund?

If you are the party concerned or an eligible person, you can request the fund value information from the superannuation fund’s trustee. A person can be considered eligible to seek further information regarding the superannuation must be:

• The member
• The spouse or partner of the member
• Their legal representative
• Another individual who plans to have a superannuation agreement with the member

So, the eligible person can gain access to the information about the superannuation interest, he or she must first declare the following information to either: acquire data to negotiate the agreement or seek assistance related to a family law hearing based on the superannuation. The eligible person must also give the full name and birth date of the member.

Defined Benefit Fund Versus Self-Managed Fund

A preset formula in the trust deed is unique to the Defined Benefit Fund. It accounts for the member’s employment period and salary at retirement. Since these are complex, and a forensic accountant is needed to determine the value. Meanwhile, self-managed funds are private funds managed by the members themselves. Usually, they seek the insight of an accountant or lawyer. Since the parties do it all themselves, the fund value can be ascertained by adding the value of the assets in the fund. For best results, an accountant’s input will be helpful.

How to Formalise a Superannuation Agreement?

After agreeing to the split, you can formalise the details in a Financial Agreement or utilise the Court for Consent Orders. Once the latter is approved, this agreement is legally binding and enforceable. You can also make a binding financial agreement when both parties seek legal advice before signing the final documents. Then, to affect the Superannuation Split, inform the fund’s trustee regarding the splitting orders.

FAQ: How Platinum Lawyers Can Help with Superannuation and Divorce

Q: Why do I need a Divorce Lawyer for Superannuation-related matters?

A: Superannuation is considered akin to Property Under the Family Law Act, and its division during divorce involves complexities. Platinum Lawyers, with expertise in family law, can guide you to protect your best interests during this process.

Q: What is the significance of superannuation in divorce or separation?

A: Superannuation is treated as property, and laws allow its division after divorce or separation. Platinum Lawyers can assist in understanding your entitlements and navigating the legal aspects of superannuation splitting.

Q: How can Platinum Lawyers assist in determining entitlements and obligations related to superannuation after separation?

A: Platinum Lawyers can provide insights into your entitlements and obligations under the Family Law Act, offering guidance on superannuation splitting based on the unique circumstances of your case.

Q: Can superannuation be split equally in all cases?

A: In long relationships where both parties had minimal superannuation at the relationship’s start, a 50-50 split is common. However, deviations can be negotiated based on individual needs. Platinum Lawyers can assist in negotiating a split that aligns with your preferences.

Q: What factors does the Family Court consider in determining superannuation entitlements?

A: The Family Court considers factors such as the value of superannuation, financial contributions, non-financial contributions, age, state, income, child custody, and other financial obligations. Platinum Lawyers can guide you through the court process.

Q: How soon after separation can a superannuation claim be made?

A: For married couples, a superannuation claim should be made within 12 months of divorce. For de facto relationships, the claim period is 2 years from separation. Platinum Lawyers can advise on timely claims.

Q: Where can I find information about the value of my superannuation fund?

A: The fund’s trustee can provide information. Platinum Lawyers can assist eligible individuals (members, spouses, legal representatives) in obtaining relevant superannuation fund details.

Q: What is the difference between a Defined Benefit Fund and a Self-Managed Fund?

A: Defined Benefit Funds have a preset formula for valuation, requiring forensic accountants. Self-Managed Funds involve valuing assets. Platinum Lawyers can provide guidance based on the type of fund.

Q: How can a superannuation agreement be formalised?

A: After reaching an agreement, Platinum Lawyers can assist in formalising details through a Financial Agreement or Consent Orders in Court. These legally binding documents ensure an enforceable superannuation split.

Q: What if an agreement cannot be reached with an ex-partner?

A: In cases of disagreement, Platinum Lawyers can guide you through the process of applying for a court order. Seeking legal advice is crucial in such situations.

If you cannot reach an agreement with your ex-partner, you must apply for a court order. In addition, you can seek the advice of our team at Platinum Lawyers Australia. We advise clients on all matters of divorce and separation, including superannuation issues, property distribution and divorce settlements.

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