Family Law
Fact Sheets

The fact sheets contained in this section of the website are designed to help people involved in family law disputes. Please note that they do not constitute family law advice, but are designed to provide an overview of the relevant issues and systems so that you have a better understanding of the process. If you have any questions, or would like to speak to a solicitor about your own situation, contact us by email or phone our office on 1300 4FAMILY.

What are the steps in arranging a mediation to see my children?

Separation is a difficult time for all parties involved including the children. Unfortunately, in many cases parents are unable to communicate directly with each other to arrange an agreement for each parent to spend time with the children. Mediation is an alternative dispute resolution process that can be helpful to assist the parties reach an …

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Family Law and the Notion of Supervision

Whilst not a long term option, the issue of supervision is one that is considered by the Courts on a daily basis. The Family Law Act 1975 places a significant emphasis on the need to maintain the relationship between children and each of their parents whilst maintaining the paramount consideration of keeping a child safe …

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Probate and Letters of Administration – What are the differences?

When a person dies it is often the case that a Grant of Probate or a Grant of Letters of Administration is required for the Estate to be distributed to beneficiaries. There are four types of Grants that the Supreme Court can issue: Probate- Meaning the deceased died with a valid will in existence and …

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Separation – the First Steps

When a couple separates it can be one of the most stressful events in an adult life.  Some literature suggests that the breakdown of a relationship is the second most distressing incident a person can experience aside from the loss of a child. Not unlike the loss of a loved one, adjusting to separation often …

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Parenting Arrangements

After separation, there will often be a period where there is some uncertainty about future arrangements for the children. Couples essentially have three options available to them for making arrangements for future parenting:- By Informal Agreement By Parenting Plan or Consent Orders By Application to the Court (where no agreement is reached) The first two …

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Parenting Orders

In some cases, an application to the Court will be required to obtain formal arrangements concerning the care of the children. It does not make any difference whether your Parenting Orders are made by consent or by a Magistrate at the Local Court, or by a Judge. Orders, once made by the Court, must be …

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Violence and Abuse

Many family law disputes involve allegations of violence and abuse. Although thought to be largely fabricated by disgruntled women, recent studies in this area indicate that the incidence of fabricated or false allegations is actually very low (as little as 6%). In this area of practice, any allegation of violence or abuse is not tolerated …

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De Facto Property Settlement

Following the breakdown of a de facto relationship there are often parenting and property issues to work out. Parenting issues will always come under the umbrella of the Family Court, please refer to the relevant sections on parenting for more information on this area. For De Facto Couples who separated on or after 1 March …

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Changing or Setting Aside Property Orders

Property Orders are typically very difficult to change or set aside in the absence of an agreement. There are basically only five circumstances in which the Court may be persuaded to change property Orders. These circumstances are: Both parties consent – in this case parties simply enter into fresh Orders A substantial, significant and generally …

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Read our plain English handbooks

These fact sheets are designed to provide an overview of the relevant issues and systems so that you have a better understanding of the process.

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