Family law and relationship law is a broad and complex field. There are many services that family lawyers provide clients. These services encompass various aspects of what family lawyers do and will change based on the matter of family law. This article will explore what you can expect a lawyer to do for you.
Key takeaways
Binding financial agreement requires accurate disclosure and independent legal advice.
Financial consent orders have a four-step process a lawyer will help you meet.
Parenting consent orders may require mediation, which often benefits from a lawyer’s input.
Litigation and court hearings have strict procedures that a lawyer will help you manage.
Separation and divorce
Issues around separation and divorce are often the first reason why clients engage a family lawyer.
Separation
During separation, family law specialists can help clients prepare for their divorce. A separation period of at least 12 months is mandatory. Many separated couples opt to continue to cohabit during this time. This is called ‘separation under one roof’. This is an increasingly popular option. It requires additional evidence. The Court must see that the parties are living separate lives.
A family lawyer can draft an affidavit that demonstrates relationship changes as part of what family lawyers do. Affidavits need to be worded accurately and contain all necessary information. An experienced family lawyer ensures the Court will accept it.
Divorce
Divorce proceedings can vary in complexity, often depending on factors such as spousal maintenance and parental responsibility. There are two ways to seek a divorce: both parties can apply jointly, or one spouse can apply as a sole applicant. Skilled family lawyers can guide you through these options, ensuring that all aspects, including financial support and parenting responsibilities, are addressed appropriately in the process.
Joint divorce
Joint divorces are typically the simplest option. However, even in a straightforward divorce, legal assistance from a family law firm can be crucial for addressing family law matters like parental responsibility. For example, you’ll need a copy of your marriage certificate. If it’s misplaced, divorce lawyers can help obtain a replacement. In cases where the certificate is in a foreign language, a family law solicitor can arrange for translation by an accredited professional, ensuring that all supporting documentation is properly prepared and available.
Sole divorce
Sole divorces can lead to complications, particularly regarding child custody arrangements and document service requirements. One primary difference between a sole and joint divorce is the need to serve divorce documents to the other spouse. Experienced divorce lawyers can handle this process efficiently; your family law solicitor can arrange service through a process server, ensuring that all legal requirements are met. They can also address child custody arrangement, providing comprehensive support as part of their family law services.
There may be difficulties in serving documents in a family law matter. As part of what family lawyers do in their family law services, your lawyer can apply to the Court for substituted service, enabling the documents to be delivered to a third party who will ensure the respondent is made aware of the application. If all reasonable attempts to contact the respondent fail, your family law lawyer can request a dispensation of service, allowing the divorce to proceed without serving the documentation. In addition, your lawyer can assist in identifying and documenting direct financial contributions to ensure these are acknowledged appropriately in the proceedings.
Property settlements
Most divorces involve a property settlement, a crucial aspect of the family law legal process. Property settlements can be structured in various ways, often requiring Family Court approval to ensure they are fair and legally binding. Family law specialists provide essential guidance, addressing factors such as child support payable, the division of self-managed superannuation funds, and other assets. Their expertise ensures that the property settlement aligns with legal standards and effectively meets the needs of all parties involved.
Binding financial agreements
A binding financial agreement, often part of a property settlement, requires clients to seek independent legal advice. As part of what family lawyers do, the first step is disclosing the client’s financial position, and family law specialists in family and relationship law can guide clients through this process to ensure clarity and compliance. This may involve:
Verifying income. This can include gathering payslips, tax returns, and other income streams such as dividends and rental income.
Requesting superannuation valuations from the client’s super trustee.
Valuing business interests through financial statements, calculating earnings forecasts, etc.
Compiling information on debts.
Sharing the financial disclosure with the other party.
Ensuring that the financial disclosure meets the requirements of the Family Law Act.
Your solicitor will look over the proposed agreement to check that it reflects your interests. Some considerations are the following:
If the other party has superior financial resources, they’ll ensure the party isn’t leveraging that advantage.
Working with specialist valuers and tax professionals to ensure assets and liabilities are accurately reported.
Liaising with the other party’s solicitor to address concerns about the disclosure statement.
Once independent advice has been given, your lawyer will provide an Independent Solicitors Certificate.
Considering a property settlement after divorce? Get the guidance you need! Read our comprehensive guide to divorce property settlement and make informed decisions for your future.
Consent order
Financial consent orders are preferred by many divorcing couples, especially when addressing family law issues like property division, child custody, and child support. As part of what family lawyers do in family law disputes, your lawyer will ensure that your application aligns with the four-step process the Court uses to assess proposed orders, providing you with comprehensive legal representation throughout the process.
Step one
It’s essential to fully disclose the client’s finances. Similar to a binding financial agreement, an accredited family law lawyer will assist the client in meeting their responsibilities, offering realistic advice on family law proceedings, including matters like child support. They may also collaborate with specialists to ensure assets are accurately valued, providing thorough and strategic support throughout the process.
Step two
Good family lawyers, including specialist family lawyers accredited in family law, will advise family law clients on the contributions they can claim in their applications, whether in a marriage or a de facto relationship. Many clients may not have made significant financial contributions, but identifying non-financial contributions, such as child support or caregiving, ensures that family law clients are thoroughly and fairly represented in family law disputes.
Step three
The Court wants to know the future needs of each party, whether in a marriage or a de facto relationship. It’s crucial that a good family lawyer represents their client’s future needs well. Future needs could include:
Future earning capacity
Age and health
Caring responsibilities
Step four
The Family Court wants to know if the application is fair and equitable to both spouses. Family lawyers can ensure that your application will be accepted by adhering to the previous three steps.
An important part of property settlements is spousal maintenance, which is not automatically granted. If applicable, the best family lawyers will work to establish the grounds for financial support, ensuring a well-supported case in the Federal Circuit Court. The necessary evidence may include:
Weekly income and expenses
Available assets
The reasonable standard of living
Ability to work
Childcare responsibilities
Need clarity on consent orders in QLD? Our detailed guide explains everything you need to know to navigate consent orders confidently.
Parenting arrangements
Family law services should approach parenting matters with particular sensitivity, especially in cases involving children, which are among the most complex and emotionally charged family law issues. Our team of professional family lawyers is dedicated to providing compassionate support in matters such as child support, ensuring the best interests of the child are prioritised. We also offer expertise in international family law, assisting families with cross-border legal concerns to provide a comprehensive and sensitive approach to every unique family situation.
Parenting plan
A parenting plan allows spouses to organize co-parenting arrangement independently, without involving the Family Law Court. Although these agreements are not legally enforceable, clients are encouraged to seek legal advice to ensure their parenting plan is comprehensive and effective. Proper legal oversight from an accredited family law solicitor helps clients navigate important family law matters, such as child support, living arrangements, and decision-making responsibilities for education, healthcare, and more.
The plan should also address everyday considerations, including the logistics of changeovers and involvement in extracurricular activities, to support a stable and cooperative parenting environment. In cases involving complex issues, such as international child abduction or indirect financial contributions, clear advice from experienced family law professionals is essential. Adhering to the Family Law Act, these professionals help create a comprehensive and effective parenting plan that prioritises the child’s well-being and stability.
Parenting consent order
Consent orders prioritise the child’s best interests. A family lawyer works with clients to ensure that a consent order application satisfies this requirement. Parents can have differing opinions on the arrangements. Family lawyers can assist with family dispute resolution.
Mediation
Family lawyers assist their clients in effectively communicating their concerns, especially in sensitive matters involving family violence, family mediation, and family disputes. Many legal professionals specializing in family law are skilled in dispute resolution, helping to streamline the process and reduce both time and costs for the client. By guiding clients through complex issues with expertise, family lawyers ensure a more efficient and supportive legal experience.
The mediator remains neutral, while family lawyers advocate for you, ensuring that your legal rights are protected. Through collaborative law, they help clients navigate negotiations and work toward a mutually constructive solution. Supported by resources from professional bodies like the Law Institute, family lawyers provide guidance that fosters cooperative outcomes while upholding each party’s interests.
Litigation
Litigation can be an emotionally and financially taxing experience, often extending up to one year or more. Effective family lawyers with a proven track record can strategically use litigation to your advantage, minimizing delays by proactively addressing financial matters.
Instead of waiting for the other party to disclose crucial financial information, family lawyers can expedite the process by filing an initiating application and issuing subpoenas to obtain the required details directly. This proactive approach addresses financial matters efficiently, reducing legal costs and alleviating financial challenges often associated with litigation. Family lawyers experienced in handling de facto relationships also adhere to professional standards legislation, ensuring high-quality service and ethical practices, ultimately leading to a more effective and cost-conscious resolution.
Court hearings
It’s important to be well-prepared for hearings. A professional family lawyer can assist in gathering and submitting evidence to the Court through affidavits. They can also arrange expert witnesses and professional reports if required, ensuring that you have comprehensive support. Understanding family lawyer cost upfront can help you plan financially while receiving thorough, strategic representation tailored to your case.
The Court has specific rules regarding evidence and witness examination. A solicitor will organize statements from witnesses, including psychologists and valuation experts, and, where applicable, facilitate a binding child support agreement. Effective family lawyers will manage the cross-examination of witnesses to ensure that the necessary information is obtained to support your case fully and accurately.
Domestic violence
Domestic and family violence is one of the most serious issues that Sydney family lawyers handle. They are responsible for organizing protection orders to ensure safety. During an initial consultation, family lawyers can provide guidance on obtaining these orders and discuss options for secure parenting arrangement to protect families from exposure to abuse. These arrangements are essential in maintaining a safe environment for all involved.
Many family lawyers also work with supporting services. They connect clients with counselling services for emotional support.
Emotional support
Family lawyers also serve a more abstract but vital purpose in providing emotional support during what can be a traumatic time, especially in complex family law matters such as spousal maintenance. Legal proceedings can be overwhelming, particularly when financial circumstances are involved. Your solicitor becomes a crucial part of your support system, offering both legal guidance and reassurance. Family law firms like Shanahan Family Law are dedicated to approaching clients with empathy and compassion, recognizing the importance of addressing both legal and emotional needs throughout the process.
There will never be enough words to show my appreciation for the support and guidance that was shown to me from Danielle and all the team at Shanahan Family Law. They took me under their wing from the moment I walked through the door, and I felt safe, supported, heard, informed and above all I never felt alone.
- Stacy Holmes-Brown
Reviews like Stacy’s are why we chose family law.
Conclusion
A family law team provides a vital service, enabling you to navigate even the most complex family law matters with confidence. Divorce is often the first point of contact with a family lawyer, but issues like property division, parenting arrangements, and child support payments are also common concerns. If you’re involved in a family law dispute, including child support disputes, skilled family lawyers can guide you through mediation or litigation, providing the support needed for a fair and effective resolution.
You need a specialist family law firm. Our team is here to help. Contact us today.
