Agree your parenting and custody arrangements

Finalise your property settlement

Update your estate planning documents

When many people think about ‘family law’, they think ‘divorce’. This is in part because people equate the end of a marriage with divorce and in part because of the rise of the American influence of the phrase ‘divorce law’ in popular culture.

In Australia however, the divorce is simply the formal, legal end of the marriage. It enables each of the spouses to re-marry if they choose to. In most cases, once you have been separated for 12 months or more, the divorce itself it is a simple, straight-forward process.

Family law, on the other hand, is a much broader concept. It encompasses not only married couples, but also de facto couples (both same-sex and heterosexual).

Family law governs what arrangements separating couples can make for their childrenand for the property settlement between them. It also covers areas such as child support and on occasion, spousal maintenance.

These are separate processes to the divorce process, and for most couples, sorting out the parenting and property matters between them will be of much more pressing concern than obtaining a divorce. Also, you can’t obtain a divorce unless appropriate arrangements are in place for your children; and, once you have been divorced, you only have 12 months to sort out your property. For most separating couples then, the divorce is the last area of family law that needs to be dealt with.

It is these other areas of family law that most people are referring to when they talk about ‘getting divorced’. It is also these areas of family law that can cause the most grief if people do not have proper legal advice to assist them understand what to expect from the process.

Any one who is finding themselves in need of family law should also be thinking about updating their wills, power of attorney and enduring guardianship documents. As part of the family law property settlement process they may also need conveyancing services. For the most part, these additional legal processes can be undertaken by your family lawyer.

At Bateys, we can assist you with all aspects of your family law concerns including parenting, property settlements, advice on child support, updating your wills and if necessary, selling the family home and/or investment property.

Of course, once these other matters are sorted out, we can also take care of your divorce.