Family Law

Family law addresses issues related to family and domestic matters. It includes aspects of relationships, including marriage, de facto partnerships, and matters concerning children. This field of law is multifaceted and can come into play at any relationship stage, whether at its inception, during its course, or in the unfortunate event of separation or divorce.

The scope of family law is broad, covering several key areas:

1. Marriage and Divorce: This area of family law includes legal proceedings for dissolution, annulment, and legal separation. Family law provides a framework for addressing issues such as property division, spousal maintenance, and other financial settlements following a separation.
2. De Facto Relationships: In Australian law, individuals in de facto relationships (including same-sex couples) are recognised and have many of the same rights and obligations as married couples. Family law addresses matters such as the division of property and financial support upon the breakdown of these relationships.
3. Child Custody and Support: One of the primary focuses of family law is ensuring the well-being of children within the family unit. This includes determining living arrangements, custody rights, and visitation schedules that serve the child’s best interests. Additionally, family law outlines the responsibilities of parents to provide financial support for their children, ensuring their needs are met.
4. Adoption and Surrogacy: Family law also covers the legal processes involved in adoption and surrogacy, establishing all parties’ legal rights and responsibilities.
5. Domestic Violence: Protection from domestic violence is a critical aspect of family law. It provides methods for obtaining restraining orders and other forms of protection for victims of domestic abuse.

The Australian family law system prioritises settling disputes outside of court as much as possible. This is done by encouraging individuals to engage in negotiations and discussions with the help of specialist family lawyers. The goal is to reach amicable settlements that serve the best interests of all parties involved, especially children. Alternative dispute resolution methods, such as mediation and collaborative law, are often used to facilitate these outcomes and prevent contentious court battles.

It’s important to note that family law is governed by both federal and state laws in Australia, with the Family Law Act 1975 (Cth) being a key piece of legislation at the federal level. This act establishes the principles guiding the resolution of family law matters, including the importance of protecting children from harm and ensuring their best interests are the paramount consideration.

Family law issues are often complex and emotionally sensitive, which is why it is crucial to seek advice and representation from a qualified family lawyer. A family lawyer can provide guidance that is tailored to an individual’s specific circumstances, helping them navigate the legal system while advocating for their rights and interests.

At AJB Stevens, our skilled solicitors specialise in a comprehensive range of family law issues. Understanding the complexities and sensitivities involved in family law matters, we are committed to offering personalised and empathetic legal advice and representation.

The types of family law issues we cover include:

1. Divorce, Separation, and Annulment: We guide clients through the legal processes involved in formally ending a marriage or de facto relationship, including the requirements for separation, filing for divorce, and obtaining an annulment. Our expertise ensures the process is handled with dignity and respect for all parties involved.
2. Child Custody and Parenting Arrangements: Our solicitors work diligently to establish parenting arrangements that prioritise the well-being and best interests of the children involved. This includes negotiating custody agreements, determining living arrangements, and establishing guidelines for parental responsibilities.
3. Child Support and Visitation: We assist in calculating appropriate child support payments and ensuring compliance with these obligations. Additionally, we help set up fair and practical visitation schedules that facilitate ongoing relationships between children and their parents.
4. Prenuptial Agreements: We understand the importance of financial clarity and security before entering into marriage. We assist couples in drafting comprehensive prenuptial agreements. These agreements outline the distribution of assets and financial responsibilities, providing peace of mind and clarity for the future.
5. Financial and Property Disputes: Dividing assets and property following a separation can be contentious. Our team is skilled at navigating these disputes, aiming for equitable resolutions that protect our clients’ financial interests.
6. Child Abduction: In cases of international or domestic child abduction, our solicitors work swiftly to address the legal challenges involved in securing the child’s safe return.
7. De Facto Relationships: Recognising the unique legal challenges faced by partners in de facto relationships, we offer specialised advice on their rights and obligations under Australian law. This includes assistance with property division, financial settlements, and parenting arrangements post-separation.
   At AJB Stevens, we recognise the impact these matters can have on individuals and families, and we approach each case with the sensitivity and dedication it deserves. With our extensive experience and commitment to our clients, we are well-equipped to guide you through the intricacies of family law, providing support and clarity during challenging times.

Whether you’re facing the challenges of divorce, custody arrangements, or any other family law issue, we understand the complexities involved and are here to offer personalised, empathetic guidance every step of the way.

Family law can be quite contentious, while court processes and legal provisions regarding any family law matter can be extremely confusing. Consulting with a lawyer well versed in family law will help you understand your rights and can help to protect your interests. In the event of a divorce, even if you agree on the matters of settlement and custody, it’s important you have this documentation in writing – and preferably witnessed. A Sydney family lawyer can help formalise parenting plans, financial agreements, child support agreements, and any court orders. If you cannot agree outside court, a family lawyer will ensure you have the best representation possible.

The family law system can be daunting which is why we’ve provided these family law FAQs to assist in the process. When it comes to family law matters, the earlier you consult with a reputable family law lawyer the better. Before any decision is made regarding your marriage, property or children, it’s imperative that you understand your rights. Before any agreements or orders are signed, you need to protect your interests. If you are experiencing family and divorce issues, a special lawyer can ensure you understand the relevant aspects of the Family Law Act 1975 and how it impacts your current and future arrangements.

At AJB Stevens, our family law lawyers provide many services. This includes the organisation and appraisal of various assets (of both parties), as well as the formalisation of agreements and to ensure they are enforceable. We also help to prepare court documents, supervise and direct mediations, organise and record official documents, attend trials and court proceedings, and much more. Our specialist lawyers are on hand to respond to your needs when required and we’ll keep you updated on the progress of your case through regular contact. If you want to know more, we’re happy to discuss your needs and our role in your case in more detail via a consultation.

Divorce can be very emotional and is often painful. If you have been married for less than two years, you are unable to apply for divorce unless you have special leave from the court. This would apply only to special circumstances. In Australia, you also need to show that you have lived apart for at least 12 months. These laws are strict, however, exceptions can be made depending on individual circumstances. If you want to apply for divorce, or you need legal advice, AJB Stevens are renowned divorce lawyers in Sydney. Our leading family law firm has experienced lawyers in Sydney who can help to make the process as smooth as possible.

If you have been in de facto relationships and living with your partner for two years, you have the same rights as a married couple. Separation disputes over property or children in de facto relationships work the same as married couples. If you are experiencing a separation and believe you have entitlements to property, financial support, child custody or child support, seek legal advice. Legal mediation and dispute resolution may be required if you’re unable to agree on any factors of your relationship and separation. If you require assistance with de facto separation, AJB Stevens family lawyers Sydney are accredited specialists available to assist.

If a child is under the age of 18 years, parents that separate are still required to share the parental responsibilities of that child. This means that each parent shares the decision-making regarding significant long-term issues with the child. That includes a range of parenting issues, including major health decisions, religious observation, and schooling. These duel parenting orders apply except where a court has decided that it is in the best interest of the child that one, or both parents should have their parental responsibility removed.

Parental responsibility applies regardless of the parent’s relationship status, whether they were married, in a de facto relationship or otherwise. Note: Equal shared parental responsibility is not the same as equal custody.

If possible, couples should ideally come to an arrangement together to determine child custody. This generally includes who will have custody and when, and may also include options for weekends and school holidays. If the couple can mutually agree on this, family court will generally honour this agreement. Family courts aim to make the process easier for all people involved in the application for divorce. In cases where the parents cannot agree on child custody arrangements and visitation, the family court will issue a plan that is based on the “best interest of the child”. This will be determined by each parent’s ability to provide for the child, their occupation and education, the health of the parents, and in some cases, the child’s preference will be taken into account to determine the best option for separation parenting. If you need advice, AJB Stevens are specialist family lawyers.

In the event of a divorce in Australia and according to Australian family law, a child has a right to have a meaningful relationship with both parents. More importantly, the child has a right to be protected from harm and it is the role of a family court to determine this factor. It’s important to note here that the Family Law Act 1975 does not determine child custody arrangements based on gender. It could be either the father or mother who receives custody. When making a decision about parental access in a marriage separation, the family court will determine the “best interests of the child”.

When it comes to parenting arrangements and finance, there are two types of support: child support and spousal support. A child support agreement refers to a series of payments ordered by the court to be paid by the noncustodial parent to the individual charged with primary care and responsibility for the child. These child support payments are intended to cover items such as food, shelter, and clothing, education expenses, and health or medical care.

On the other hand, spousal support or spousal maintenance refers to recurring payments made from one spouse to another during a separation or after the divorce is finalised. Spousal maintenance recognises the recipient’s contribution to the marriage. It provides assistance from the former spouse so the recipient can achieve financial independence post-marriage.

Under the Family Law Act 1975, a partner in a relationship is required to pay support to the other partner if that person is unable to support themselves based on their personal income or assets. The amount of spousal support you could receive varies depending on a number of factors. The longer you have been married or de facto, the more support you are likely to receive. Other considerations include the functions performed by both partners during the relationship, your financial dependence on your spouse, and your ability for self-sufficiency. The assistance of specialist lawyers in divorce law will ensure you are receiving everything you are entitled to.

Yes. If you and your former partner do not have a pre nuptial agreement and cannot agree on property settlement and finance matters, a family lawyer can help you to resolve the matter through a family dispute resolution. Even if you agree on all property law and financial matters, a family lawyer can assess the combined assets and liabilities of each party to ensure you are both getting what you are entitled to. At AJB Stevens, our specialists can provide you with the knowledge you need for a successful financial agreement. This includes full disclosure through your spouse’s legal representatives, along with assessing the matrimonial pool and contributions to be considered.

As expert family lawyers Sydney, AJB Stevens are specialists in the area of family law. We are able to assist in family and divorce law. When you enlist our services, we help make your separation as pain-free as possible. We understand separation is a stressful time and it needs to be dealt with sensitively. Our separation and divorce lawyers will work with you to obtain all the information we require to build a solid case that provides you with the best possible outcome. Our goal is to protect your interests while helping to mediate the situation. Ultimately we want to resolve your case out of court, however, if this is not possible, we will stand with you through the family law proceedings in a court of law.

The cost varies. Some family law issues can be complex, and others may be simple. Hiring a divorce lawyer from a reputable law firm in Sydney will ensure you are taken care of. Factors that affect cost could include the nature of the work that needs to be completed, instructions provided to the family lawyer, whether the divorce is agreed on by both parties, assets and debts that are part of any settlement, as well as the age of your children. If the case goes to court, you may also be faced with extra costs. Our specialist team will discuss these with you upon meeting. If you’d like to find out more, contact our offices today so we can further discuss your case.

No. At AJB Stevens, we provide a range of legal services, including commercial litigation and workers compensation, contested wills, motor vehicle accidents, mesh implant litigation, refugee and child sexual assault compensation, and medical negligence. If you require a specialist lawyer to assist you in any of these areas, we’re here to help. Simply give us a call or send us a message and one of our team will be in touch. We provide personalised and professional services that are designed to protect your rights. Our accredited partners have more than 70 years’ combined professional experience and we offer a No Win, No Fee compensation representation (terms apply). Contact us today.

Dealing with family law matters in Australia can be daunting, both emotionally and legally. A family lawyer will not only provide legal representation in court but also ensure that your rights are protected and your interests are well represented throughout the entire family law process.

You might need a family lawyer in any of the following cases:

Understanding Your Legal Rights and Obligations: Family law includes various issues, from divorce and separation to child custody and property division. Specific legal standards and requirements govern each of these areas. A family lawyer can help you understand your rights and obligations under Australian law, ensuring you make informed decisions.

Formalising Agreements: Even in amicable separations, it’s essential that you formalise agreements regarding settlement, custody, and support. These agreements need to be in writing and crafted to be legally binding and enforceable. A family lawyer can draft and review these documents to ensure they reflect your wishes and protect your interests.

Navigating Court Processes: If you cannot reach an agreement outside of court, having a family lawyer becomes indispensable. They will represent you in court, advocating and striving to achieve the best possible outcome for you and your family. Their expertise allows them to navigate the court system effectively, compellingly presenting your case.

Protecting Your Interests: Whether it’s a divorce, child custody dispute, or property division, the decisions made during these processes can have long-lasting effects on your life. A family lawyer works to protect your interests, ensuring that any agreements or court orders are fair and consider your future well-being.

Compliance with Australian Family Law: The Family Law Act 1975 (Cth) lays down the legal framework for most family law matters in Australia. A family lawyer is well-versed in this legislation and can guide you through how it applies to your situation. They ensure that any action taken complies with the law, safeguarding you from potential legal pitfalls.

Emotional Support and Objectivity: Family law matters can be emotionally taxing. A family lawyer offers objectivity and emotional support throughout the process. They can help you make clear-headed decisions that are in your best interest rather than driven by emotion.

A family lawyer plays an important role in ensuring you understand your legal rights, that your agreements are properly formalised, and that you have the best possible representation if your case goes to court. They are also there to protect your interests throughout the legal process and help you navigate the complexities of the Australian family law system.

Choosing the right family lawyer is a crucial decision that can have a significant impact on the outcome and overall experience of your legal proceedings. In Australia, where family law is governed by specific legislation and procedures, it is imperative to find a lawyer who is highly skilled and qualified to meet your individual needs. By choosing a confident and competent lawyer, you can be assured of a successful and satisfactory outcome.

To choose a family lawyer,

Understand Your Needs: Before starting your search, assess whether you need a lawyer. Some couples manage to resolve their issues amicably without legal intervention. However, understanding your legal rights and options is crucial, so consider an initial consultation with a family lawyer.

Consider Your Budget: Family law services vary in cost, often charged at an hourly rate. While looking for the least expensive option is tempting, remember that expertise and quality representation come at a price. Discuss billing practices during initial consultations to find a lawyer who offers transparent pricing and tries to minimise costs where possible without compromising on service quality.

Be Realistic: It’s essential to understand the role of a divorce lawyer. They are there to guide you through the legal process, not to be a therapist or mediator. Set realistic expectations about what your lawyer can do for you, focusing on legal advice and representation.

Watch for Red Flags: Some lawyers may tell you what you want to hear rather than providing a balanced view of potential outcomes. Choose a lawyer who is honest about your case’s strengths and weaknesses, ensuring they have your best interests at heart.

Personal Compatibility: You will be sharing sensitive information with your lawyer, so you must feel comfortable and trust them. If your instincts tell you a lawyer isn’t the right fit, continuing your search is wise.

Consider Location: Proximity to your lawyer’s office can benefit face-to-face meetings and document exchanges. Also consider if their location might affect travel costs, especially if they are far from the family court.

Qualifications and Experience: Ensure your lawyer has the relevant qualifications and experience in family law. Specialisation in areas specific to your case, such as child custody or property division, can provide an advantage. Check their standing with the Law Society of your state or territory to confirm their credentials and any special accreditations in family law.

Communication and Availability: Assess a lawyer’s communication style and availability. You want someone who responds promptly and keeps you informed throughout the process. During initial consultations, note the lawyer’s communication style and ask about their policy for returning calls or emails.

Resolving family law cases in Australia’s legal system can vary significantly in duration due to many factors. The Family Court and Federal Circuit Court handle various matters, including disputes related to parenting, property, and financial issues.

The time it takes to resolve these cases can range broadly from 18 months to three years, depending on several key factors:

• Complexity of the Case: More complex cases, involving multiple assets, international elements, or contested child custody issues, generally take longer to resolve.
• Mutual Agreement: If parties cannot reach an agreement on their own, this can prolong the process, as the court will need to make decisions on their behalf.
• Further Applications: Any additional applications made by either party during the proceedings can extend the timeline.
• Interim Hearings: Sometimes necessary for urgent matters, interim hearings for temporary orders can add to the overall duration.
• Delays in the Court System: The court’s caseload and administrative delays can impact how quickly a case progresses.
• Compulsory Family Dispute Resolution Mediation: Before going to court for parenting orders, parties are required to attempt mediation, which can influence the timeline depending on its success.
• Delays in Final Orders Decisions: The time it takes for a judge to deliver a final decision after a hearing can also vary.

Getting through the key stages in the family court process also impact the timing.

These are:

Initial Family Court Date: Typically scheduled 6-12 weeks after the initiating application is filed, where procedural orders are made.

Interim Hearing: This hearing is conducted for urgent matters or when temporary orders are needed, potentially extending the case’s duration.

Mediation Conference: A crucial step for negotiation, particularly effective in property settlement matters. Participation in family dispute resolution (FDR) is mandatory for parenting orders before attending court.

Family Report: Before a final hearing on parenting matters, a detailed report assessing the family dynamics is required to be completed by a court-appointed consultant.

Final Hearing: If an agreement isn’t reached independently, this stage involves a comprehensive hearing lasting up to three days.

Ruling/Judgement: The judge’s decision and explanation are typically delivered within three months post the final hearing.

Appeals: Parties have 28 days to lodge an appeal, although they are less common due to the discretionary nature of family law judgements.

The quickest path to resolving family law matters is through mediation, which aims for an out-of-court settlement. A dispute resolution practitioner facilitates this approach, which can effectively address most issues without the need for lengthy court proceedings.

The cost of consulting with a family law expert in Australia can vary significantly based on several factors related to your specific situation. When considering hiring a family lawyer, you need to understand that the complexity of your case and the services required will largely dictate the overall expense.

Key factors influencing the cost include:

Complexity of Your Case: Family law could be divorce or property settlement, to child custody and support. The more complex your case—for example, if it involves contested custody or significant assets—the more time and resources are required, which can increase costs.

Nature of Work Required: The specific tasks needed to resolve your legal issue, such as drafting legal documents, negotiating settlements, or representing you in court, all have different associated costs. More intensive legal work will generally result in higher fees.

Agreement Between Parties: If both parties agree on the terms of the divorce and other arrangements, such as property division and child custody, the process can be more streamlined and less costly. Conversely, contested divorces where parties cannot reach an agreement without court intervention tend to be more expensive due to prolonged legal proceedings.

Assets and Debts Involved: Identifying, valuing, and dividing assets and debts can be complex and may require additional professional services, such as financial advisors or valuation experts, further impacting costs.

Children’s Age and Needs: Cases involving children, particularly those that require arrangements for custody, visitation, and support, can be more complicated and sensitive, potentially requiring more legal effort and time to resolve.
Court Involvement: Going to court usually incurs additional costs, including court fees, preparation time, and potentially longer legal proceedings. Avoiding court through mediation or negotiation can often reduce costs.

At AJB Stevens, we understand the financial concerns that come with legal issues. During our initial consultation, we aim to provide clarity on the potential costs involved with your case. We discuss factors such as the anticipated complexity of your case, the nature of the work required, and any court involvement. We aim to offer transparent pricing and tailor our services to meet your needs effectively while striving to keep costs manageable.

We encourage you to contact our offices to discuss your case in more detail. This will allow us to understand your situation better and provide a more accurate estimation of the costs involved in seeing a family law expert. Just remember, investing in an experienced family lawyer who has your best interests at heart will achieve a more favourable outcome.