Family law is a major area of law that deals with all the legal problems that can arise when a relationship breaks down. These include property settlement; divorce, separation and pre-nuptial agreements; spousal maintenance; and child care arrangements.
Family law disputes often arise at times of emotional distress for those involved. The family law system is designed to solve these disputes quickly and calmly to cause as little extra worry as possible, especially for any children who are involved.
Although the system aims to settle problems out of court, this is not always possible. When family law issues do escalate to court, they are heard in either the Family Court of Australia or the Federal Magistrates Court, which hears the more complex disputes. Most family law issues are covered by the Family Law Act, a piece of federal legislation.
The laws relating to family law are complex and constantly changing to try and make the system as fair as possible. A recent development is the focus on “shared care” in relation to children, which is designed to allow children quality time with both parents.
Thurlow Fisher Lawyers are able to explain the law in clear terms for you, to help you understand your options. Where possible, we attempt to organise negotiations with your ex-partner to resolve your dispute calmly and in a non-judgemental environment. Before you can lodge an application to go to court, the court usually requires you to attend some sort of dispute resolution, such as family counselling or mediation. Thurlow Fisher can arrange this on your behalf.