We’ve had the honour of working with hundreds of clients over the years with their legal matters. This has included family law, traffic offences, and criminal cases. We understand that legal information issues can be confusing. The Commonwealth legislation governing family law is the Family Law Act. We’d like to provide comprehensive information on family law so you can approach your legal problem with confidence.
Key takeaways
- Divorces are handled online and require certain documents to be completed.
- Parenting matters can be organised formally or informally.
- Property matters can be settled with or without court intervention.
- There are various mechanisms the law can use to protect domestic violence victims.
- Free resources are available to help people understand their legal needs.
Divorce
Most divorce applications are handled online through the Commonwealth Courts Portal. You must be separated for at least 12 months before applying.
Legal documents
The legal documents you’ll need include
- Marriage certificate. You can purchase a replacement from the Registry of Births, Deaths and Marriages. A marriage certificate that’s not in English must be translated by a NAATI-accredited translator.
- Affidavit of service by hand (divorce). If you’re a sole applicant, you must serve the divorce application on your spouse. The affidavit of service will be included with your application.
- Separation affidavit. If you continued to cohabit with your spouse after separation, you both should complete an affidavit. The affidavit explains how your living arrangements have changed after separation.
Our tip. Signed documents must be witnessed by a Justice of the Peace, including your divorce application.
Parenting matters
After a relationship breakdown, what can be handled legally or informally between the parties? Parenting matters, such as guardianship and living arrangements. Seeking legal advice to get clarity can access advice and assistance from legal services, whether online, by phone, or in person.
Lawyers can also act on your behalf to help formalise agreements. Visit our parenting page to learn more about your options and how to move forward with confidence. The primary ways of organising child guardianship are the following:
- Parenting plan. A parenting plan isn’t legally enforceable. However, it can help parents find agreement and potentially be formalised in the future. Lawyers can help in drafting a plan, which may be formalised later through a legally binding agreement.
- Consent order. Parents can formalise an agreement through a consent order; it provides the chance to resolve parenting matters without going to court. A co-parent should seek advice from a family lawyer or any available support services to ensure that the agreement supports the child’s best interest.
- Parenting order. This can be challenging for both sides if the option they chose is parenting order. This was used to solve civil matters when co-parenting is not having an agreement. However, there are family lawyers and support services that can provide legal information and advice throughout the process.
Our tip. Parenting arrangements must always keep the best interests of children and young people front and centre.
Property matters
Property division plays a vital role in securing a person’s financial future and overall health after separation. Whether handled privately or through the Family Court, it’s important to get the right advice early. An attorney can explain your rights, outline your obligations, and guide you through available services to help you reach a fair outcome.
Property settlements don’t have to be stressful—with the right support, they can be managed efficiently and respectfully. Visit our website or contact our office to speak with a professional, or explore our property division page for trusted resources and guidance.
- Binding financial agreement (BFA). BFAs are legally binding once both parties receive independent, free legal advice and a certificate showing they were represented correctly.
- Consent order. Financial consent orders follow a four-step process. After valuing the property pool, they considers each party’s contribution to the marriage. Each spouse’s future needs are then determined, and the court makes a final decision about the order’s fairness.
- Property order. If an agreement isn’t possible, the Court can use the four-step test to determine a fair distribution.
Our tip. Spousal maintenance can be included in property agreements. However, child support is handled through a separate system.
Domestic and family violence and the legal system
Every person deserves to live without fear of violence. In NSW, family violence is taken seriously, with a strong focus on child protection and the safety of all involved. The law offers clear rules and protections for victims through mechanisms such as protection orders and emergency services.
Whether the situation involves crime, threats to health, or impacts on employment, it’s important to understand your legal rights. Legal professionals can provide advice tailored to your circumstances and help you navigate the details of your case.
- Police protection notice. The police can issue a notice on the spot while responding to a domestic violence situation. This protects victims until a court order can be arranged.
- Protection order. A final protection order imposes restrictions on the respondent for the health and welfare of the applicant.
- Temporary protection order. This is an interim order that has effect until a final order can be organised.
Our tip. Each state has its own name for a domestic violence order. For example, New South Wales uses apprehended violence orders, and South Australia refers to intervention orders.
Free legal advice
There are many ways to access preliminary information and legal advice on common issues, such as property, parenting, and guardianship, at no cost. These resources can help you better understand your rights and options before taking further steps. Some of the available online resources include
- Legal Aid. Each state and territory has a legal aid commission that offers critical legal aid information and access to low- or no-cost representation.
- Family Relationships Online. Family Relationships Online provides general legal aid information and maintains an advice line, 1800 050 321, which is available every day excluding public holidays and Sundays.
- Library research. The Queensland State Library has comprehensive legal resources, such as the Queensland Law Handbook.
Conclusion
Family law doesn’t need to be a confusing or overwhelming experience. Understanding your rights and obligations, having the right documentation, and accessing trustworthy assistance can make all the difference. Whether you’re dealing with parenting matters, property division, discrimination issues, or even bankruptcy, having a lawyer act on your behalf is essential.
Our attorneys can provide clear advice, assist with legal information processes, and help manage your case through our website, over the phone, or in person. You can also access useful publications and open an account to track your progress. Contact our office today. Let us help you with legal advice and take the next step with confidence.
