Family Law

Family law deals primarily with divorce, property, child support and maintenance. Family law matter can take a long time. There is usually hardly to call a winner of the family law proceedings in a sense of breaking down of a family union.

In Australian family law litigation, the court usually not decides on the rights and wrongs of the parties, but rather seeks the resolution methods of the present and future matters of the parties. The division of property between the parties is primarily based on contribution and need. Usually, the parties’ first consideration of leaving each other’s property to the children is not the primary consideration in the division of property unless both parties agree. Family law cases are subject to mediation. The parties should be mindful of the financial and time costs when considering settlement of property. Lengthy proceedings can ultimately add to the burden of attorney fees for all parties involved. Often, each party is responsible for its own legal costs in family proceedings.

Divorce in Australia must be obtained through the courts. The conditions for granting a divorce are

  1. The spouses have been separated for 12 months and the marriage has lasted for two years. The law does not hold one of the spouses responsible for any wrongdoing.
  2. Australian citizens and long-term residents can apply for divorce in the Family Law Court, and reside in Australia for 12 months prior to filing a divorce application.

Professional lawyers in Westlink Legal will provide you with effective assistance with property division, child custody and support.