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It is crucial to have an understanding of the family law system within Australia if experiencing a relationship breakdown, especially if children are involved. To be informed and educated about the procedures and regulations surrounding them means that you can be prepared in the event of a divorce.
The concept of family law in Australia
In Australia, the sole purpose and function of family law is to ensure the care and protection of all of its members, namely any children involved in the marriage or relationship that is subject to breaking down. Family law involves rights and responsibilities regarding relationships, children, as well as the disposition of property that could be impacted in the event of dissolution.
Family lawyers focus on conciliation and encouraging compliance between all family members and ensure that the care and protection of children are at the forefront of all family matters.
At present, there are numerous family structures that are acknowledged by Australian legislation. These include:
- ATSI customary marriages
- de-facto relationships
- same-sex relationships
- single-parent families
- blended families
- extended families
How do Sydney lawyers respond to family issues?
For many, divorce papers are supposedly the only link between a lawyer and a broken marriage. This is false. There is a multiplex of involvement by a lawyer when a couple decides to void their marriage.
There are 3 main (but not limited to) ways in which a solicitor can be involved during the process of a family breakdown:
- Separation and divorce: Divorce lawyers in Sydney are the vehicle towards a more caring and compassionate divorce process. Without a divorce lawyer, obtaining a decree absolute (termination of marriage) may not be possible. There are certain criteria involved when deciding to get a divorce and a Sydney lawyer can advise you.
Some criteria include:
- Parties must be living separately for 12 months
- The law allows for one period of reconciliation of up to three months during separation (this is known as the ‘kiss and make-up clause’)
- If married less than two years and wanting a divorce, the couple must attend counselling
- Disposition of children and property: Children and the pools of assets are the most difficult part of the divorce process. Arrangements of ‘who gets what’ can often be difficult and the advice of a divorce lawyer is crucial in ensuring that all parties are granted a fair and equitable allocation of both time with children and assets.
- Domestic violence: In the case of domestic violence, the law does not discount justice. It is highly unacceptable by the courts, especially when children are involved in the family. Divorce lawyer in Sydney can assist you in applying for an ADVO to ensure that it is efficient, cost-effective and accessible in terms of protection all family members, especially children.
Divorce, divorce lawyers and the law: fun facts
| Time Period | Fact |
| Before WWII | There was a low divorce rate in Australia with as little as 300-400 per year across the whole country |
| 1947 → | An inconsequential peak in divorces which reflected the instability of marriages people were entering during wartime and how the war affected their relationships |
| 1975 → | A peak in the divorce rate, a similar time when the Family Law Act was developed with the ‘no-fault’ divorce law being introduced |
| 1980 → | The rate of divorce increased at a steady rate since the 80s |
| 1990 → | De Facto relationships continued to rise, rather than getting married people were just cohabiting |
| 1990 → | De Facto relationships were becoming unstable with more of them ending in break up rather than a marriage |
Unsure of the process? Lawyers in Sydney can help!
It is not a pleasant time for those who are having to deal with a breakdown of a marriage resulting in a divorce. Although not pleasant, it is a reality for many people in Australia with one in three marriages ending in divorce. Making sure you are prepared with the right divorce lawyer in Sydney who can guide you toward the best outcome is crucial.
Not only is a regular divorce difficult. However, a ‘grey divorce’ is one that could ruin your retirement and bring forward not only emotional struggles but financial stress and uncertainty.
If you have not heard of grey divorce is, here is a quick brief to help you gain a better understanding:
- Men/women divorce after 40 years or more of marriage
- This has become an increasing demographic trend over the years as the divorce rate for older couples who have been in a long-term marriage has increased
These divorces have been on the increase in recent years, and there are many reasons why people are choosing to divorce after a long-lasting marriage. Some of the grounds for divorce include:
- “We’ve grown apart”
This is a very common case for a break-down of marriage, hence causing a divorce. Sometimes people have a strict reason/cause of why they are obtaining a divorce. However, usually in a ‘grey divorce’ couples have no exact cause, yet have just grown apart over time.
These proceedings usually begin when their children are old enough or adults. This is usually because the couple feels as though their responsibility to raise their kids together has been fulfilled. If you and your partner are seeking a grey divorce due to the reason of ‘growing apart’ it is important to seek the right advice from a divorce lawyer in order to reach a successful mediation.
- Self-Improvement
After a long-lived marriage, sometimes people grow, want to change the way they live and how they look at life. This sometimes involves them moving apart from their partner in order to reach their desired changes.
This may mean that they are interested in meeting someone new who will help push them to become a better person, allowing them to reach their goals. Emotions can run high during these times and there may be a lot of hurt feelings and bitterness. Speaking to the right divorce lawyer can help both parties settle on an agreement which is going to be best beneficial.
- Feelings of pressure
Many marriages sometimes begin to end. This is because it may have not been a person's will to marry the person they entered into the relationship with. Pressure from family members can cause couples to do the “right” thing and marry the “nice person that is good”. However, this may not have been the person they wanted to marry, causing a long term marriage agreement.
After many years of marriage, couples tend to come to the realisation that they are not happy anymore and want to move on with their lives. It is usually best to end the relationship as both spouses are in a situation where they have been unhappy for a very long time. Assistance from professionals in these situations is usually advised. Reaching out to a family lawyers in Sydney to reach a stress-free outcome is recommended.
Settling a grey divorce can be a challenge for many as although they have come to a conclusion to end their marriage, there are many confrontations they have to deal with at an older age. Divorcing at an older age can mean less time to build finances and sort out arrangements.
There are many issues which arise during a time where a couple has been together for a long period of time. Financial situations become complex, determining assets, family home arrangements and superannuation. It is crucial to gain sound advice from experienced divorce lawyers in order to have a clear agreement before stepping into a commitment which could make a massive difference to both parties.
“47% of single Australia women do not feel in control of their finances” MLC
This statistic shows how many women do not feel in control of their finances; there is no doubt that the statistics increase during the process of a divorce.
The financial impact of divorce can linger for generations to come. Despite the impartiality of the law, it is more than often that women are associated with ‘undeserving’ financial winnings from the ex.
Despite the insecurity of finances from a female perspective, especially if much of her time had been dedicated to being a mother, divorce lawyers are impartial. The emotional challenge associated with selling, discerning, splitting and/or allocating assets is one which is most affecting the future than now. This means that utilising the advice of a lawyer could mean a higher yield when the courts decide on the splitting of assets.
Whether you choose to sell and take the money into a shared fund or keep it for children in the future, it is significant that there are no issues when it comes to splitting the investment during a divorce.
In this situation, both parties need to be treated equally, and the best outcome for both the couple and their children needs to be considered. This can best be achieved through the useful advice of a divorce lawyer.
At Prominent Lawyers, our divorce and separation lawyers make sure to advise you on your rights making sure you receive all your entitlements.
Contact Prominent Lawyers today on 1800 776 646 if you are looking for advice in this field.
