Family Law

Family Law

The solicitors at KPA Lawyers understand that clients facing family law issues can be going through some of the toughest times in their lives.

Our solicitors are able to advise you as to all the options available and attempt to resolve matters without the need to go to Court. If a matter does end up in Court, our solicitors are experienced advocates who will guide you through this difficult and often daunting process with sensitivity, empathy and your best interests in their focus.

We can assist clients in a range of family law matters, including:

  • Property and parenting matters post-separation;
  • Binding Financial Agreements (both before, during and after a relationship);
  • Child Support matters, including Binding and Limited Child Support Agreements;
  • Parenting Agreements;
  • Spousal maintenance applications;
  • Divorce applications;
  • Grandparent applications;
  • Issuing and responding to Court proceedings in the Family Court of Australia or Federal Circuit Court of Australia;
  • Relocation applications;
  • Parentage determination applications;
  • Consent Orders.

To discuss your matter with our Family Law team, please Contact Us for an obligation-free consultation.


Q: When can I apply for a divorce?

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You can apply for a divorce 12 months after the date you and your partner separate. “Separation” can include a period of time where you were separated but living under the same roof, which can often be in the case where people remain living under the same roof for financial or other reasons. If this is the case, you’ll need to provide some supporting information so as to satisfy the Court that you and your spouse were indeed separated.

 

Q: When can I finalise property/parenting matters after a separation? Do I need to be divorced first?

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You can start negotiations regarding property and parenting matters without being divorced. There are no time limitations for when you can bring about a parenting proceeding but there are some limitations regarding when you can begin property proceedings.

If you were in a de facto relationship, you have 2 years from the date of separation to commence property proceedings, or if you were married, 1 year from the date of the divorce order. If you are seeking to bring a property proceeding outside of this timeframe, you must first seek permission from the Court.

 

Q: Can I get a pre-nup?

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In Australia, our version of the “pre-nup” is a Binding Financial Agreement (“BFA”) which can be entered into before, during or after a relationship. If you’re entering into a BFA before the relationship, this would be what is referred to as a “pre-nup”.

A pre-relationship BFA can be entered into by people who are about to enter into a de facto relationship or people who are intending to get married, and sets out how the parties intend to deal with property matters in the event that the relationship breaks down. As part of this process, each party has to disclose their financial circumstances to the other and provide full and frank financial disclosure – without this disclosure, the document can be set aside by a Court if it was found substantive matters were omitted, so it’s important each party is fully transparent with the other about what assets and liabilities they have as well as financial resources.

The BFA can set out what you do with joint assets as well as individual assets, superannuation and spousal maintenance.

These types of BFAs can be complex in both the issues you have to consider as well as the delicate discussions you’ll need to have with your partner. You are, after all, being asked to look into a ‘crystal ball’ and hypothesize about your futures and a possible separation that hasn’t yet happened.