Family Law Questions

So, you have separated from your partner and are thinking, “Now what?” Here at Aston Legal Group, we have a broad range of experience in all aspects of family law, including divorces, parenting arrangements, property settlements, family violence intervention order matters, and wills and estates. We know that the early stages of separation can be the hardest when you are trying to find your feet again, so we have compiled our top 10 frequently asked questions to ease your mind until you can speak to one of our lawyers.

1.       How do we finalise parenting arrangements?

   When a relationship ends, parents must make arrangements for the children’s care that are in the best interests of the children. These are the stages of that process to reach agreement:

   1)      Negotiate with your former partner. If you agree on parenting arrangements at this stage, you can formalise the arrangements with a parenting plan or consent order that is filed with the Court.

   2)      If you are not able to agree on your own accord, you should arrange family dispute resolution to resolve the matter

   3)      If you are unable to resolve the matter after mediation, you may need to apply to the Court to make parenting orders. In most cases, you can only make an application to the Court if you have attempted family dispute resolution.

    

   2.      What if my partner and I were not married and have now separated?

   You may still have entitlements under the Family Law Act 1957 as a person in a de facto relationship with another person. Under section 4AA of the Family Law Act 1957, you may be in a de facto relationship if:

   §  You are not legally married to your partner;

   §  You and your partner are not related by family;

   §  having regard to all the circumstances of your relationship, you have a relationship as a couple living together on a genuine domestic basis.

   Parenting matters will be resolved by the Court in the same manner as they do with married couples. 

   To have property entitlements, you must satisfy the following:

   1) You were in a genuine de facto relationship with your former partner, which has broken down;

   2) You meet one of the following four gateway criteria

   a)      That the period for the de facto relationship is at least 2 years;

   b)      That there is a child in the de facto relationship;

   c)      That the relationship is or was registered under a prescribed law of a State or Territory;

   d)      When assessing property or custodial claims in cases of a breakdown of a relationship, it is recognised that significant contributions were being made by one party and the failure to issue an order would result in a serious injustice.

   3)      you have a geographical connection to a participating jurisdiction; and

   4)      your relationship broke down after 1 March 2009 (or after 1 July 2010 if you have a geographical connection to South Australia only); although you may be able to apply to the courts if your relationship broke down before the date applicable to your state.

   De facto couples have 2 years from their separation date to resolve property matters. After this, an application to the Court must be made for leave to apply. This is at the Court’s discretion, so it is not guaranteed that an application for leave will be successful.

   We recommend obtaining legal advice about whether your circumstances satisfy the criteria before making an application to the Court.

Contact Us

If you would like advice about your family law matter and wish to obtain an understanding of the options available to you, please contact our office on (03) 8391 8411 to book a free 30-minute consultation with one of our other experienced practitioners.