Practical, sensitive advice when a relationship ends

Separation is one of the hardest things a family goes through. Freadman Lawyers gives you clear advice on your rights and options, and helps you reach arrangements for your children and your property – by agreement wherever possible, and in court where necessary. We act for married couples and de facto couples, including same-sex couples.

Divorce

To apply for a divorce in Australia, you must show that your marriage has broken down irretrievably, which means you have been separated for at least 12 months with no reasonable likelihood of getting back together. You can be separated while still living under the same roof. If you have been married for less than two years, you generally need to attend counselling first, or get the court’s permission to apply. The application is filed with the Federal Circuit and Family Court of Australia, either jointly or by one spouse. A divorce ends the marriage – it does not decide parenting or property matters, which are dealt with separately.

Parenting arrangements

Decisions about children are made on the basis of what is in the child’s best interests, including their safety. Parents are encouraged to agree on arrangements such as where the children live, time spent with each parent, schooling and health care. Agreements can be recorded in a parenting plan or made legally binding as consent orders. Before applying to court for parenting orders, you usually need to attempt family dispute resolution (mediation), unless an exception applies – for example, where there is family violence or urgency. We help you negotiate a workable arrangement and, if agreement is not possible, represent you in court.

Maintenance

Child support is usually assessed by Services Australia using a formula based on each parent’s income and the care arrangements. Parents can also make their own child support agreements. Spousal maintenance may be payable where one former partner cannot adequately support themselves and the other has the capacity to help. This applies to both married and de facto partners. We advise on your entitlements and obligations and on formalising agreements.

Property settlements

A property settlement divides the assets, liabilities and superannuation of a relationship. The court looks at what there is to divide, the financial and non-financial contributions each person made (including caring for children and the home), each person’s future needs, and whether the outcome is just and equitable. The economic effects of family violence can also be taken into account. Settlements can be finalised by consent orders or a binding financial agreement, or decided by the court.

Time limits apply: married couples must generally apply for property orders within 12 months of their divorce becoming final, and de facto couples within two years of separating.

Married couples

If you are married, the Family Law Act applies to your divorce, parenting arrangements, spousal maintenance and property settlement. You do not need to be divorced to settle your property, and it is often better to resolve finances soon after separation.

De facto couples

De facto couples – including same-sex couples – have similar rights to married couples in parenting and property matters. To make a property or maintenance claim, you generally need to show that the relationship lasted at least two years, or that there is a child of the relationship, or that you made substantial contributions and it would be unjust not to make orders, or that the relationship was registered. Whether a relationship was “de facto” can itself be disputed, and we can advise you on this.

How we help

• Clear advice on your rights and options at the start
• Negotiating with your former partner or their lawyer
• Mediation and family dispute resolution
• Preparing consent orders, parenting plans and binding financial agreements
• Divorce applications
• Representation in the Federal Circuit and Family Court of Australia

If you or your children are unsafe, please see our family and domestic violence page. In an emergency, call 000.

Talk to us about your family law matter. Call 0439 048 741, email freadmanlaw@gmail.com or make an appointment for a free initial consultation.