Why You Need A Family Lawyer

Disagreements within your family can be complex and sensitive to resolve. The new year can be an especially difficult and sad time if you are struggling with disagreements and disputes in your family. January is known as the month in which most divorces happen. You may feel as though you cannot see a way out or a safe solution for you and your children. Perhaps you are staying in an unsafe relationship because of financial worries about your future. Often, emotional issues are at the heart of family related disputes, and so problems within your family can seem impossible to resolve. If you can relate, then read on. There are solutions, if you have the courage to reach out.

It is understandable that it can be very difficult to get the help and the legal advice you need as soon as you realise there is a problem, because family law matters, by definition include people in your own family. Often, people think long and hard before they reach out to a solicitor. Booking an appointment with a lawyer can be a last resort. Many people manage their difficult and even unsafe situations on their own and in silence. If you are suffering in silence and you know you need to reach out, but you are procrastinating, then please know that this approach often makes matters even more challenging in the long run.  If this is you, you run the risk of having your dispute last longer – and cost you much more in money and in stress – than it needs to.

In fact, it is true to say that a calm, kind, knowledgeable, and compassionate family lawyer may assist you to find solutions that you had not imagined and ways that could preserve aspects of the relationship that are important to you.

This article explores what a family lawyer does, the sorts of disagreements family lawyers deal with on a day to day basis and why you should have a family lawyer on your team, right now. If you are keen to know how a family lawyer could benefit you, then read on.

What is a family lawyer?

Family law is an area of law that is, by nature, broad because it covers the spectrum of family law matters such as divorce, parenting arrangements, financial settlements, property settlements, separation, and who children live with and spend significant time with. Family law often includes other areas of law such as: succession law, property law, trust law, superannuation law and commercial law because family matters can include all of these aspects. 

While a family lawyer specialises in the area of family law, a good family lawyer should be extremely competent across the other areas of law that intersect with family matters. Your family lawyer is here to provide you with legal advice, expert support and will negotiate, mediate, litigate and represent you on matters regarding your family law issues.  

What should you look for when you choose your family lawyer?

When you are looking for a family lawyer who is a fit for your circumstances, it is important to find a lawyer who you can talk to and who has experience in resolving the same sort of challenges that you are experiencing in your life.

The issues that you will discuss with your lawyer are, by nature personal and private, and so it is vital that you feel comfortable to open up to the lawyer you choose to represent you. Find someone who is experienced, relatable, understanding and wise. Ask questions, and before you sign up, make sure that you feel comfortable with the approach and style of your solicitor.

So, what is family law in Australia?

Now that you have some sense of the type of person to look for in a family lawyer who is right for you and your circumstances, it is important to know a little about family law in Australia. Family Law is the area of law that regulates family relationships including marriage and divorce, how children are treated and the economic aspects.

In Australia, the Family Law Act 1975 (Cth) is the main legislation that governs the family law system, other than in Western Australia, where state legislation prevails for family law in that state. The Family Law Act 1975 (Cth) focuses on the responsibilities that each parent has towards their children, and the rights of children, rather than on parental rights.

Your solicitor can only represent you according to the law, even though you may feel, at times, frustrated that the type of justice you seek cannot be delivered. While you may be at the receiving end of the raw end of the stick in your relationship, even the most brilliant, commanding and compassionate of family lawyers must at all times operate within the framework of the law. That’s why it is useful to have some idea of what Family law is.

In Australia, Family law is an area of legal practice that deals directly with family relationships and the many and varied issues that arise within family relationships and how to resolve them.

The scope of Family law is enormous and the Australian family law system assists people to achieve outcomes in a range of family relationship matters, including and not restricted to: divorce, financial agreements, separations, marriage, parenting arrangements, property settlements.

As family matters include a wide array of issues, family law facilitates solutions that can be achieved in many ways such as negotiation, mediation and court proceedings. The Federal Circuit and Family Court of Australia strongly encourages individuals to come to their own agreements and to avoid the cost, stress and time involved in litigation through the court. However, there are times when Court proceedings are an appropriate and necessary course of action. If your matter is complex, or your former partner will not engage in making a private agreement with you, then the Court pathways are positive avenues for moving forward with your life.

When do you need a family lawyer?

It is understandable that you may feel reluctant to seek out a family lawyer, particularly if you are feeling emotional, stressed, vulnerable or even ashamed. You are not alone. Many people feel this way and often people only look for legal representation when they are strongly encouraged to do so and/or when they feel they have run out of other options.  

However, it is sensible and wise for you to know your options early on. This means that you can plan, think and avoid being in the heat of a dispute before you find a lawyer that suits you. You can seek advice at any time, and the earlier the better. At Anumis Legal you can book in for an obligation free, confidential, complimentary chat so that you can have your questions answered and seek advice about any family matter that has you worried.  

Your family lawyer can:

• help you to reach an agreement;
• alert you to issues that you have not considered;
• advise you so that you can make informed decisions; and even
• assist you to avoid the stress, financial drain and time involved in ongoing court proceedings, where possible.

Often, during the complimentary chat, the Anumis Legal Family Law Dream Team will suggest things that you can do for yourself, that do not need you to engage legal representation. And you will find that an expert, understanding Family lawyer will make your family law matters and processes easier, quicker and smoother for you, than if you attempt to go it alone. Family lawyers are here to help, trained to assist and know the law and what needs to be done in the timeframes that need to be adhered to.

Your family lawyer will provide you with legal services to do with all of the following and more:

1. Your Separation

When you and your former partner got together, it is likely that the last thing on your mind was that you would separate and divorce. You both deserve a new beginning and that means that your financial/property arrangements, and, if you have a child or children, your parenting arrangements, must be finalised.

While every relationship is unique, a family lawyer will help you to understand your rights and obligations and what it is that you must to do bring certainty and finality to the parenting and property arrangements between you.

Your family lawyer will assist you to wrap legal solutions around your agreements, negotiate agreements, correspond with your former partner or your former partner’s legal representative and facilitate closure and finality in a professional way.

2. Your Divorce Application

Your family lawyer can make sure that you are eligible for divorce and can assist you with your divorce application. You will need to provide your marriage certificate and your passport. The divorce application process is an online process. Our Anumis Family Law Dream Team will assist you to make and lodge your application in less than an hour. Your family lawyer will ensure that your application is correct and that all of the supporting documentation you need is in order, to avoid delays down the track. If you have children under the age of 18 years, you will need to attend your divorce hearing. Our experienced Anumis Legal family lawyers can represent you at your divorce hearing. 

In Australia, the divorce system is a no-fault system. This means that no matter how poorly you have been treated, there is no requirement to prove that either you or your former partner is at fault for the breakdown of your relationship. In order to get divorced, you must be 18 years or over, be legally married and have been separated from your former partner for at least 12 months.

If you are in a de facto relationship that has irretrievably broken down and you wish to know your rights and obligations, it is important to see a family lawyer who can assess your situation and advise accordingly. Your family lawyer can assist you with your financial/ property settlement, to bring you finality in this regard.  If you and your former partner have children, your family lawyer can advise and assist you on setting out a parenting agreement to take care of your parenting arrangements for your children into the future – whether that is a parenting plan, Consent Orders or representing you at Court if you and the other parent cannot come to an agreement.

3. Financial and Property Settlements

During your relationship, you may have accumulated assets – and when the relationship ends, these assets must be dealt with so that you and your former partner have financial closure.

The unique circumstances of your relationship determines the division of your assets. Every situation is different and therefore dividing the assets of your relationship may be complex. When working out the just division of your assets, consideration is given to what you and your former partner brought into the relationship, financial and non- financial contributions to the relationship, and your future needs and the future needs of your former partner.

When you are faced with splitting your assets it is easy to imagine how quickly disagreements can arise and escalate into high-tension disputes. All too fast, disputes can become heated, particularly if your relationship did not end amicably. This is where an experienced, sensible family lawyer can help to make a real difference and ensure that the process of division of your assets is equitable and orderly.

A family lawyer can assist you to make this process a lot easier by answering your questions, ensuring that you understand your legal rights, obligations, and options. Your family lawyer can negotiate on your behalf and assist you to find a resolution with regard to your property and financial arrangements that is fair, reasonable and keeps you out of court.  

Depending on your circumstances, a family lawyer will be able to advise you of the best course of action in your situation. You may find that you can best safeguard your assets by way of prenuptial agreements, loan agreements, Trust structures and other binding financial agreements. You may need to enter into a financial agreement by way of Consent Orders to ensure that your agreement is enforceable.

If you are at the beginning of a relationship and you need to ensure that your assets are protected, if you are expanding your asset pool and you wish to secure your interests, or if you are ending your relationship and you are looking to finalise the financial / property arrangements between you and your former partner, it is a good idea to visit a family lawyer for a frank conversation.  Advice from a family lawyer, early on, is your ideal move, so that you are well informed about the type of agreement or agreements that would suit your situation best and give you the peace of mind to move forward in your life.

4. Parenting arrangements and child custody disputes

When relationships split apart, the arrangements you make regarding care of your children, where your children will live, how your children will visit and spend meaningful time with the other parent are likely to have a profound short- and long-term effect on your children, you, the other parent and your extended family.

If you have children and your relationship ends, you will be faced with the potentially difficult process of having to work out how you and your children’s other parent will organise parenting your children until your children are eighteen (18) years of age.

Coming up with a practical, workable agreement in terms of your parenting matters can be challenging because there are so many factors to consider. You may have work schedules that are complicated, and your children’s schooling and extra-curricular needs need to be taken into account, as well as where you live and where your children go to school. It can be extremely tough to separate out emotions and feelings from the plans that need to be put in place. Often your family lawyer will remind you that the best interests of your children are the most important consideration of all.

The Family Law Act 1975 (Cth) focuses on protecting children’s rights. Children have a right to have a meaningful relationship with both of their parents and to be protected from harm. The responsibilities that parents have to their children are outlined in the Family Law Act 1975 (Cth). While you know your family situation better than anybody else, your family lawyer will help you to understand your responsibilities and can suggest solutions for you, from experience.

They will be able to make suggestions, offer solutions and is trained to prioritise the best interests of your child or your children. This means that your they’re perfectly placed to assist you to put together parenting plans, draft the Consent Orders, liaise with other family lawyers, independent children’s lawyers, mediators and to represent you in court, if that is what is required so that you and your family have the best possible outcome.

5. Family Violence and Domestic Violence

Domestic violence has been a feature of society since the dawn of time. Sadly, in all that time, it is as prevalent and deadly as it ever was. Domestic violence is often suffered in silence. It happens in families and is meted on and witnessed by children. A system of domination and control, frequently by a male partner, has been facilitated by cultures and the teachings of faiths. Change is slow and as Rosie Batty implores:

“Family violence may happen behind closed doors, but it needs to be brought out from the shadows into broad daylight.”

Did you know … in Australia …

• 1 in 4 women experience abuse by their partner
• 1 in 4 children are exposed to family violence during childhood
• Every week, one woman will be killed by her partner or former partner
• Every month, one man dies at the hands of his current or former partner

Domestic violence is abuse committed by a partner, spouse, de facto or anyone else in an intimate relationship with the victim.

Family violence involves violence that is committed by parents, children, carers, and relatives of the victim.

Your safety and the safety of your children (and your pets!) is of the utmost importance. If you or your children are living in the terror filled shadows or with the silence that shrouds family violence, safely seek help. You may be experiencing abuse in any of the following ways: emotional, financial, physical, verbal, sexual and social.

Under state or territory legislation, victims of domestic and family violence can apply for protection orders. If you are a experiencing domestic violence or family violence, talk to a family lawyer about what you can do. Your unique circumstances will dictate the specific advice and information you receive. For example if you and the other parent of your children have separated and you are worried about the parenting arrangements for care of your children and whether your children are at risk of emotional, physical or psychological harm, then your family lawyer will advise you about how you can protect your children’s best interests and assist you to understand your obligations at law as a parent.

6. Adoption, IVF and Surrogacy

If you are planning to begin a family, or extend your family, in a way that is different from a traditional biological family then you may have questions about your rights and obligations.

Laws in Australia differ from state to state with regard to adoption, assisted reproductive therapy and surrogacy. This adds to an already confusing area of processes and procedures.

There are family lawyers who specialise in adoption, surrogacy and assisted reproductive technology to help you to navigate the processes involved and the types of agreements and arrangements that you need to know about. A specialist family lawyer will help you to understand the concepts of legal parentage and parental responsibility so that you have more clarity and certainty as you progress.

Do you have questions? Your free complimentary consultation

At Anumis Legal we offer you a free initial consultation. This gives you a relaxed chance to ask your questions and to meet with us. You have an obligation free opportunity to discuss your matter, and we can let you know your options, tell you what the Anumis Legal Family Law Dream Team can do for you and provide you with a cost estimate to resolve your matter, so that you can decide whether you wish to engage our firm to assist you to find a swift and strategic resolution to your situation.

For your obligation free conversation with our expert family lawyers, call the experienced Anumis Legal Family Law Dream Team on 07 5455 6347 or email admin@anumis.com.au, now.