Understanding Family Law in NSW – What You Need to Know

Family law covers a wide range of legal issues that can arise within families, including divorce, child custody, child support, property settlements, and more. In Australia, Family Law is governed by the Family Law Act 1975 (Cth) and Family Law matters are usually heard in the Federal Circuit and Family Court of Australia.

Divorce
Divorce is one of the most common Family Law matters in Australia. To obtain a divorce in Australia, you must have been separated from your spouse for at least 12 months, and one of you must be an Australian citizen, resident or domiciled in Australia. If you meet these requirements, you can apply for a divorce online, and if the court is satisfied that you have met the criteria, a divorce order will be granted.

Children
When it comes to child custody and parenting arrangements, the court’s primary concern is the best interests of the child. The court may consider a range of factors, including the child’s relationship with each parent, the child’s wishes (if they are old enough to express them), and each parent’s ability to provide for the child’s needs.

Child support is another important aspect of Family Law in Australia. Child support is the financial contribution that a non-custodial parent makes to help support their child. The amount of child support that a parent is required to pay is based on their income, as well as the number and age of their children.

Property
Property settlements are also a common issue in Family Law matters. When a couple separates or divorces, they must divide their assets and property. This can include everything from the family home to shared bank accounts and investments. The court will consider a range of factors, including each person’s financial contributions to the relationship, as well as non-financial contributions such as caring for children or maintaining the home.

Key Take Away
If you are going through a separation or divorce, it’s important to seek the advice of a qualified family lawyer who can guide you through the legal process and help you understand your rights and obligations. A lawyer can also help you negotiate with the other party, and if necessary, represent you in court.

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