Family Lawyers & Solicitors in Parramatta
What is Family Law and what does it include?
Family Law in Australia encompasses many areas that usually result from a divorce or breakdown of a relationship that may or may not include children. The first pillar of family law is the no fault divorce system. This means that the Court will not take into account which spouse or partner was to blame for the breakup. The only factor a Court needs to consider is whether there has been an irretrievable breakdown of the marriage or relationship, evidenced by twelve months’ separation. The separation can take place under the same roof.
The central piece of legislation dealing with Family Law is the Family Law Act 1975 (Commonwealth). This statute covers asset distribution after a divorce or breakup, maintenance payments for a spouse or de facto partner and parenting orders after separation that deal with who a child lives with and spends time with.
The courts that exercise the powers and functions set out in the Family Law Act are the Federal Circuit Court of Australia and the Family Court of Australia. Most matters are dealt with in the Federal Circuit Court. The more complex matters are dealt with in the Family Court Cases are also decided based on Judge-made law. This consists of previous decisions or judgements made by judicial officers regarding family law. Such decisions form part of the law which applies on a federal level.
There is also an element of international law that applies to this area. Australia is a signatory to the Hague Convention, which is an international agreement between nations. One of the objectives of the Convention is to protect the rights of the child and secure the return of children that are improperly abducted or relocated from one country to another. Some problems can arise however when a child is abducted and taken to a non-Convention country.
What can Parramatta City Legal do for you?
Parramatta City Legal will assist you to navigate your way through the labyrinth of legislation and case law to provide you with the correct and up-to-date legal principles which will be applied to your case. We will set it out for you in straightforward and practical terms so that you are equipped with the knowledge of what the likely outcomes will be in your matter.
Our Principal, Consultants and panel of Barristers have extensive experience in providing family law advice and services to the community. We appreciate the manner in which the courts operate. Our objective is to pass on our knowledge and expertise to you so that you can have confidence in the way your case is being dealt with. It will assist you to achieve the best outcome in your case, within realistic parameters.
Through the Family Law knowledge we possess, we can assist you to mitigate your legal costs and reduce the time and stress involved in running your case. We have a solid and reliable history of resolving disputes without the need for taking them to fully defended hearings.
Different areas of practice within Family Law