Family Law Guide

Whilst at first glance, the area of Family Law would appear to be relatively simple, a closer examination reveals a very different situation. It is one of the most complex areas of law, involving as it does the blunt intrusion of the law into personal, family and financial relationships.

More often than not, Family Law issues arise at times of personal upheaval when stress and emotions run high. The aim of this publication is to provide you with an overview of Family Law that may be applicable to your current situation or those around you.

Every Family Law matter is unique. Each relationship/family dispute has its own unique facts and circumstances that need to be considered and advice appropriate to that situation provided. However, there are general areas that are applicable to most matters.

Our goal in providing this publication is to give a guide to the interplay of Family Law and other areas of law that relate to family relationships.

Family Law is not simply property settlement, parenting and divorce. Family Law matters also invade other areas of both family and financial life including:

• » taxation;
• » bankruptcy and insolvency;
• » trusts and corporate structures;
• » estate planning and structuring;
• » property law; and
• » the often more complex psychological issues of child development and need.

As a central theme, the work we do is related to personal and financial relationships including:

the structuring of property interests to minimise risk consequent upon the breakdown of a marital or de facto relationship (sometimes called “Preventative Family Law”);

• » pre-nuptial or pre-cohabitation financial and superannuation agreements;
• » surrogacy agreements and transfer of parental responsibility;
• » adoption;
• » the ratification of parental rights in relation to children of same-sex relationships;
• » questions of paternity;
• » financial matters arising from the breakdown of personal relationships (marital or de facto) including divorce, property settlement, spousal maintenance, and child support;
• » the resolution and determination of parenting disputes both immediately following separation and thereafter;
• » the investigation and litigation of allegations of domestic or family violence including abuse, neglect and associated risk to children in the context of parenting disputes;
• » domestic and family violence protection issues including making application for or defending protection orders; and » the recovery of monies or property by third parties following the breakdown of a marital or de facto relationship.