Family Law: A Look At The Scope, And Top 5 Common Legal Issues
Family law is very extensive and encompasses several areas. There are certain legal issues that can be resolved within the provisions and framework of the Australian family law. Save for child support, these legal issues are regulated by Australia's Family Law Act, which is enforced in all states and territories across Australia.
Although this is not by any means an exhaustive list, here is a look at some of the legal issues that fall under the family law.
1. Divorce and Annulment
There are several requirements and conditions that must be met and/or proven in a court of family law before a divorce, legal separation or annulment is granted. Each case is unique in its own way, and all parties will have their day in court to prove their case.
2. Property Division and Spousal Support
Fair distribution of shared marriage assets and payment of alimony or spousal support are usually a part of a divorce decree. A family law court will give directives on the rules for property division and how much should be paid in spousal support. Any prenuptial and post-nuptial agreements will be taken into account in this matter, in addition to other considerations.
3. Child Custody and Access
Child custody and access form the backbone of parenting plans. A custody agreement touches on who and how decisions about raising and caring for the children are made. Access will dictate where the kids live and how time they get to spend with each of their parents.
4. Child Support
While the children are still dependent, that is, below the age of 18 years, it is the responsibility of their parents to support them. Child support is usually paid to the parent with primary custody of the kids. How much is payable is a matter that can be determined in a family law court, based on factors such as the income of the paying parent and how many children the money is meant to help support.
5. Paternity
Any party may go to a family law court seeking to establish, prove or otherwise disprove or dispute paternity, that is, the legal recognition of a child's biological father.
Should you find yourself facing any of these or similar legal issues, it is best to choose a qualified and seasoned attorney who specialises in the practice of family law to represent you and your interests. A family law attorney will offer you legal counsel and representation in any of these matters whether you opt for mediation or choose to go through the process of court litigation.
