Where Do You Stand Legally?
It is really important that you have clarity around your legal issues, knowledge is power. When you understand your rights and obligations, everything becomes a little more simple and straight forward. Knowing your position will not only help you to make wise decisions as you move through your separation and divorce but you will also be empowered to receive the outcome that you deserve both financially and in terms of parenting.
Without clarity around your legal position, you are walking through your separation and divorce blindly and that is a scary position to be in. You are better off knowing the facts so that you don’t need to live with fear and anxiety. Having clarity will bring you peace of mind.
There are a few handy things that you need to know about family law that can help you be clear.
The first important point to know about family law in Australia is that it is governed by the FAMILY LAW ACT 1975 CTH. The Family Law Act is Australia-wide and it deals with:
- how to divide property after separation in both married and de-facto relationships;
- spousal maintenance; and
- parenting and how children should spend time with their parents after separation.
Here are some quick facts for you to take note of.
- The Family Law Act 1975 (Cth) is a federal law, this means that all the States and Territories in Australia deal with family law in the same way with a few exceptions in Western Australia and Northern Territory.
- Not every family needs to find a solution to them by applying the Family Law Act. Some separated couples are able to come to an agreement they are both happy outsides of what the Act prescribes and that is absolutely fine. It may need to be finalised with a Binding Financial Agreement rather than Consent Orders though.
- Family Law matters are dealt with in the Federal Circuit Court and the Family Court, which is governed by the Federation. Family law matters are not dealt with in the State Courts (however, there are some exceptions).
- In smaller regions, the Federal Circuit Court may visit once per month or every six weeks and use the State Court House for their sitting.
At Collective Family Law we offer a free initial appointment in both of our locations, Brisbane or the Gold Coast. During this appointment, we will give you initial legal advice about your unique circumstances and share with your what pathways forward you have available to you as well as what the costs will be.
If you would like to take advantage of our offer, please click here to make an appointment.