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At STOLaw, we provide legal advice in most areas of law. We have a large, experienced team of lawyers who will listen to you and help you with your case.

Family Law

Separating from someone you have cared about is one of the most stressful things you will have to deal with. When it happens, children and property are usually the two main things that need to be dealt with quickly and responsibly.

It is important to note that you do not need to be divorced in order to settle and finalise your property and children’s issues.

When separating the things you will need to consider include:

  • Who will the children live with?
  • How much time will they spend with the other parent?
  • What about special occasions like Christmas Day, Easter and birthdays?
  • What school/child care arrangements need to be made?
  • Child support issues like school costs, clothes etc

Another factor to consider when children are involved is “equal-shared care responsibility”. What this means is that both parents have an equal right to an opinion affecting major decisions that will affect the children’s lives such as education, religion and health issues. However, a Court will always revert to what is in the best interests of the child as they believe this to be the most important issue. This principal is always taken into consideration by Family Law Judges when making decisions where children are involved.

What if there is property involved?

When property is involved in a Family Law matter there are four factors the Court will take into consideration:

  1. The net asset pool available for distribution between the parties, being assets minus liabilities, plus superannuation entitlements, which is commonly known as the “pool of assets”. The Court also considers any add-backs in relation to the changes to the pool since final separation. An example of this might be if one party has spent money on matrimonial debts, then that may be an add-back argument.
  2. Analyse the financial and non-financial contributions of the parties to the relationship.
  3. Investigate future needs such as the age, income, health and dependants of the parties (commonly who has the significant care of the children); and
  4. Determine a percentage of distribution that is considered to be fair and equitable in all of the circumstances.

It is important that you seek legal advice so that you understand your rights and obligations under the Family Law Act when considering how to divide your property. Sound legal advice will allow you to make informed decisions for you and your family.

Contact our professional Family Law team today for a no obligation, free consultation for general advice and to discuss our fees.

Our Family Law blog, also provides alot of helpful information.

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Angela
Tondelstrand

Senior Associate