Family Law

Family Law

Here’s Airlaw’s overview of Family Law legal services in Australia:

1. Divorce and Separation

  • Assisting clients in filing for divorce and guiding them through the legal separation process, including property division, spousal maintenance, and child arrangements.
  • Helping couples apply for separation agreements to formalise their financial and parenting responsibilities without going to court.

2. Property Settlements

  • Advising on division of assets and liabilities between parties following separation or divorce, including property, investments, and superannuation.
  • Assisting in negotiating settlements to reach fair agreements, or representing clients in court when an agreement cannot be reached.

3. Parenting Arrangements

  • Helping clients create parenting plans or parenting orders that outline child custody, visitation, and decision-making responsibilities post-separation.
  • Assisting with disputes regarding shared parental responsibility and the child’s best interests.

4. Child Support

  • Providing legal advice on child support obligations and helping with the calculation, negotiation, and enforcement of child support payments.
  • Assisting clients with applications to the Department of Human Services for child support assessments.

5. Spousal Maintenance

  • Advising on the legal requirements for spousal maintenance (financial support to a former partner) and helping clients apply for or respond to spousal maintenance claims.

6. Binding Financial Agreements (BFA)

  • Drafting and reviewing prenups (prenuptial agreements), post-nuptial agreements, and cohabitation agreements to protect assets before, during, or after a relationship.
  • Ensuring the agreements are legally binding and enforceable.

7. Domestic Violence & Protection Orders

  • Assisting clients in obtaining Apprehended Violence Orders (AVOs) or Family Violence Orders (FVOs) to protect themselves from domestic violence or threats.
  • Representing clients in court when protection orders are contested.

8. Adoption and Surrogacy

  • Advising on the legal process of adoption, including domestic and international adoption, ensuring compliance with Australian adoption laws.
  • Assisting with surrogacy agreements and guiding clients through the legalities of becoming a parent through surrogacy.

9. Dispute Resolution and Mediation

  • Offering mediation services to help couples resolve family law disputes outside of court, including child custody, financial disputes, and property settlements.
  • Representing clients in alternative dispute resolution processes.

10. Court Representation in Family Law

  • Representing clients in family court and Federal Circuit Court for matters like divorce proceedings, property settlements, child custody, and disputes over parenting orders.

11. Relocation and Travel Disputes

  • Assisting with legal disputes regarding the relocation of a child or when a parent wishes to move interstate or overseas with the child.
  • Helping clients seek or defend applications for international or domestic travel permits for children.

12. International Family Law Issues

  • Handling cross-border family law matters, including international child abduction cases under the Hague Convention, and issues involving foreign divorce or custody arrangements.

13. De Facto Relationship Law

  • Advising clients in de facto relationships on their legal rights, including property division and spousal maintenance, similar to married couples.
  • Assisting with applications to the family court for property settlements after the breakdown of a de facto relationship.

14. Family Law Appeals

  • Representing clients in appeals to higher courts if they believe there was an error in a family court decision regarding divorce, child custody, or property settlements.

Costs in Family Law Services:

  1. Legal Fees

    • Costs can include fixed fees for simpler matters (e.g., divorce filings) or hourly rates for more complex issues like court representation and property settlements.
    • In some cases, legal aid may be available for eligible clients, particularly in family violence matters.
  2. Court Fees

    • Filing fees for divorce applications, property settlement orders, and parenting orders vary depending on the nature of the case and the court involved (e.g., Family Court of Australia or Federal Circuit Court).
  3. Mediation Costs

    • Mediation services may incur costs, either through private providers or the Family Dispute Resolution (FDR) process. FDR may be required before proceeding to court for parenting disputes.
  4. Expert Fees

    • Additional costs may arise for expert reports, such as family consultants, psychologists, or valuers for property or asset appraisals in financial disputes.

These legal services aim to provide families with solutions for navigating complex personal and financial issues, ensuring the best outcomes for individuals and children involved.