For most people, the breakdown of any relationship is a challenging time, whether it be a marriage or de-facto relationship. Dealing with the various requirements of the family law system can add to the challenges.

At E&A Lawyers, we guide you through these challenges by providing you with expert family law advice designed to achieve the most practical and cost-effective resolution possible, tailored to your specific circumstances. We also pride ourselves on being supportive, yet decisive and practical advocates.

Where your family law matter spans into our areas of legal expertise like estate planning or business and succession law, we have the expertise to deliver a holistic and strategic approach to ensure all your legal needs are met.

Our family law expertise covers the following areas

Divorce

A divorce is the legal termination of your marriage. To obtain a divorce in Australia, you must satisfy the court that there has been an irretrievable breakdown of your marriage. This is automatically proved if you and your spouse have lived separately for a period of at least 12 months.

LEARN MORE ABOUT DIVORCE

Children and Parenting arrangements

In ideal circumstances, the best arrangements for children and parenting, where relationships break down, are often arrangements agreed to by the parties themselves. Importantly, when considering and formalising parenting arrangements, the ‘best interests of the child’ is paramount.

We work with our clients, and often other experts where needed, to help our clients negotiate arrangements for children that meet the needs of children.

LEARN MORE ABOUT CHILDREN & PARENTING MATTERS

Child Support

Under the Child Support (Assessment) Act and also at general law, regardless of the time parents spend with their children, they have a legal duty to financially support their children at least until they turn 18 years. The amount of child support payable is based on a statutory formula set out in the child support legislation. This formula takes into account factors including:

  • the age of the child/children;
  • the incomes of both parents;
  • the time the child/ children spends with both parents.

In certain circumstances, this formula assessment may be varied to take into account individual circumstances of parents and children.

LEARN MORE ABOUT CHILD SUPPORT

Property Settlement

After separation, in the majority of cases, parties need to divide their assets and liabilities, so that each can be financially independent of the other. The Division of property after a relationship breakdown (either marriage or de facto) is commonly called a ‘property settlement’.

LEARN MORE ABOUT PROPERTY SETTLEMENT AFTER SEPARATION

Spousal Maintenance

Spousal maintenance is the common term used to describe financial support paid by one party to another following the breakdown of a relationship. People often talk of 'alimony' but that is a term coined primarily for US television dramas. It is payable to the party that is not adequately able to support themselves, by the party who has demonstrated a capacity to pay that support. It is separate to any child support.

If you are in need of financial support after the breakdown of a relationship, then you should obtain advice from a family lawyer about whether you would be eligible for spousal maintenance.

LEARN MORE ABOUT SPOUSAL MAINTENANCE

Financial Agreements

A Binding Financial Agreement (‘BFA’) is an agreement which is made under certain provisions of the Family Law Act (‘the Act’). BFA’s differ from Court Orders or Consent Orders because, if strict requirements are met, they allow parties to agree to arrangements for the division of their property and superannuation, and/or for payment of spousal maintenance, that differs from the Act.

Binding Financial Agreements can be made at the beginning of a marriage or de facto relationship, during the relationship, or after separation. When made at the beginning of a relationship, they are sometimes called "Pre-nuptial" agreements.

LEARN MORE ABOUT FINANCIAL AGREEMENTS

Collaborative Law

Collaborative Law is an out-of-court settlement process where parties to a family law dispute and their lawyers try to reach an agreement together about the issues in dispute. Collaborative dispute resolution differs from other dispute resolution models because the parties and their lawyers all agree and sign a binding contract to resolve the matter using a form of inclusive negotiation.

LEARN MORE ABOUT COLLABORATIVE LAW

Mediation

Mediation is a private process available to parties in a family law matter, where a neutral third person, a mediator, helps the parties discuss issues, set a common agenda to resolve those issues and facilitate discussions to resolve the dispute. 

Mediation is a voluntary process, and the mediator has no decision-making power.

LEARN MORE ABOUT MEDIATION

Family Violence

Family violence, also referred to as domestic violence, is a broad term used to describe a variety of coercive, controlling and abusive behaviour that occurs between intimate partners and/or other family members. The Family Law Courts have special procedures to identify and manage matters where family violence is present to ensure that vulnerable parties are protected during any court proceedings.

At E&A Lawyers, we screen all new clients to identify any issues around domestic violence, including any threats of family violence. This ensures our advice about substantive legal issues and the options we recommend for resolving any dispute is appropriate.

LEARN MORE ABOUT FAMILY VIOLENCE IN FAMILY LAW MATTERS

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Blogs - Family Law

Understanding supervised time in family law parenting matters

Understanding supervised time in family law parenting matters

Supervised time is a parenting arrangement in which a parent can spend time with their child, but only in the continual presence of another adult. This adult may be a professional supervisor, or an agreed family member or friend who is responsible for ensuring that the child is safe and that the time spent together is positive.
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A guide to subpoenas in family law

A guide to subpoenas in family law

Different courts have different requirements, timings and expectations in relation to subpoenas. This article looks at what you need to know regarding subpoenas in the Federal Circuit and Family Court of Australia family law matters.
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Guide to family law reforms effective from May 2024

Guide to family law reforms effective from May 2024

Most of the amendments to the Family Law Act 1975 came into effect on 6 May 2024. The changes will apply to new and existing matters. This means that if you have a family law matter already before the Court and the final hearing had not commenced prior to 6 May 2024, the new laws will apply.
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Should I have a lawyer for my family law mediation?

Should I have a lawyer for my family law mediation?

Mediation is a popular method of dispute resolution for family law matters. Despite it being more efficient and cost-effective than court proceedings, it’s common for parties to a family law dispute to be unsure where to start.
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