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 4 FAMILY.
What is Parenting Coordination
Parenting coordination is a style of dispute resolution that is a child centred process to help parties in high conflict parenting matters. The role of this dispute resolution technique is to appoint an accredited family dispute resolution practitioner who also has...
Family Law Questions – What Are Separation Requirements
Since the Family Law Act 1975, the only ground for divorce in Australia is called an “irretrievable breakdown of a marriage”. Under this particular section of the Act which is Section 48, a couple when approaching the court for a divorce must have been separated...
Improving Visibility Of Superannuation Assets In Family Law Disputes – [New Legislation Introduced]
The Morrison Government has earlier this week passed through Parliament legislation that will help improve visibility of superannuation assets particularly in self-managed super funds for parties in family law proceedings. The bill called The Treasury Laws...
A Whole New World (The New Family Law Legislation Is Here)
The team at Rafton Family Lawyers have been appraised and updated in relation to recent changes to the legislation. The new legislation for the family law system came into effect on 1 September 2021 and is heralded to bring sweeping changes to a system that has...
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...
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...
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...
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...
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...
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....
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...
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...
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.
Rafton Conveyancing - Your Experts in Property
Whether you are buying or selling your first home, an investment property or a block of land, having an experienced legal team on hand to guide you through the process and ensure your transaction runs smoothly is critical. That’s where Rafton Conveyancying can help.
Rafton Arbitration & Mediation Brochure
Ensure that your clients are given the best possible opportunity to exit the Court process with a professional and efficient resolution to their family law dispute.