Family lawyers in Australia mainly specialise in cases involving a family setting. Having a family lawyer will help you when dealing with legal matters or making personal injury claims. Some of the other reasons you need to have a family lawyer are for family-related cases. These include division of property during a divorce, child custody and payments, and domestic violence.

Division of Property During a Divorce

One of the main issues during a divorce is the division of assets and debts. You and your former spouse can form an agreement on the division of property without involving the court. However, if you fail to agree, you should apply to a family court for financial orders. A family lawyer will help you apply for a financial order.

When ruling on financial disputes following the breakdown of a marriage, the courts are guided by the principles laid out in the Family Law Act 1975. Some of the things the court will be looking at are your financial contributions like salary or wage, what you own and how much it is worth and future requirements such as your age, health, and ability to earn. Your lawyer will put up the best defence possible to ensure you get a fair share of the property after the divorce.

Child Support During a Divorce

According to the Family Law Act, both parents are responsible for supporting a child financially after a divorce. This rule applies regardless of which parent is living with the child. If you want to claim child support, your family lawyer can help you make an application for a child support assessment.

When deciding on matters involving child support, the courts will consider the financial income of both parents, the age of the parents, and the parents' ability to earn. The court will also look at the living conditions the child was accustomed to when the parents were married. A good family lawyer will help you get a fair amount for child support. Furthermore, in case the non-custodial parent defaults on child support payments, your lawyer will help you bring them to justice.

Domestic Violence

A study by the Australian Bureau of Statistics 2016 established that 2.2 million Australians experience sexual or physical violence from a partner. One of the common grounds for divorce, apart from unfaithfulness, is domestic violence. Some spouses remain in a relationship even when they are being abused.

A family lawyer can help you file a divorce and put your spouse behind bars for domestic violence. Domestic violence can also be a compelling reason to file for sole custody of your child. Since the court will give parenting orders that are in the best interest of a child, it will not give shared custody to a parent who has a history of domestic violence.

If you have more questions about family law, contact a local lawyer.