About our Family Law Services

Out of all the areas of law, Family law is the most personal area and requires a close and empathetic solicitor-client association. Most of the time the clients are in the lowest point of their life, and as such require comfort and bonding, on top of legal assistance and advise.

Unlike other areas of the law, which are governed at State level, Family Law in Australia is governed by the Commonwealth, which means the law is similar for all the states (other than Western Australia).

At Sharma Solicitors and Conveyancers, we understand that every Family Law matter is emotionally daunting and therefore we assist each client with utmost empathy and care. Our team not only has a wealth of experience to deal with family related issues, but also has the expertise to understand your situation quickly to provide you the advice as per your needs.

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Some Frequently Asked Questions about Family Law

Unlike people commonly perceive that if one does decide to separate, Divorce is the first step. However, that is not true.

Property settlement can be initiated any time after one decides to separate. In fact, Binding Financial Agreement can be entered into even before the marriage.

Property settlement is a process of dividing all the Assets and Liabilities but first creating a common pool of all the assets owned, either individually or jointly. Splitting these assets by either with a mutual agreement or by the Courts order, is the next step. This split depends on a lot of factors such as term of the relationship, who owned what before, during and after the separation, the future needs of the individuals etc. however, no matter what the case is, the agreement needs to be Just and Equitable.

The division of the property can be done in one of the three ways:

  1. Binding Financial Agreement
  2. Consent Orders
  3. Courts Orders

A Binding Financial Agreement is an agreement reached out by the parties without going to the Court. This is a private agreement which both the parties commit to honour. This is the most economical and quick way of division, however, in case of a breach, its enforceability can be comparatively difficult than the other two methods.

In simple terms, Consent Orders may be called as Binding Financial Agreement, having consent of the Court. Once both the parties reach to an agreement, the agreement is sent to the Court for the approval and convert them as an order from the Court. Before issuing such orders, Court goes through the agreement. The Court must be satisfied that it is Just and Equitable for both the parties. One sided agreement is often rejected by the Court.

If the parties are not able to reach to an agreement, the matter proceeds to the Court for a hearing. During the hearing, both the parties present their case, and attempt to justify the same, by providing evidence to support, how in their opinion the deserve what they seek.

After hearing all the arguments, and verifying the evidence, the Court issues orders, which are final and must be honoured by all the parties.

Divorce is a legal breakdown of the marriage.

When one decides to split, and concludes that the marriage has broken down irretrievably, the first step is called separation. Separation is one of the essential requirements to be eligible for a Divorce. The parties must have separated for at least one year.

In Australia, Divorce is based on a principal called No-Fault. There is no requirement for the parties to convince the Court their need or requirement for filing a Divorce. Divorce process and requirements are fixed, and unless one finds any gaps in the fulfillment of these requirements, there are not many ways to object the Divorce.

When the parties seeking a divorce, have minor children, one of the most important question that arises is regarding who gets the custody of the children, and what percentage of financial contribution needs to be made to look after the children.

Our legal system believes that a child needs support and love of both the parents equally. All the arrangements are decided keeping the best interest of the child in mind. The factors such as individual income, job, availability etc. are weighed into before the child custody orders are made by the Court.

However, the Court always encourages the parties to come up to a common consensus and provide the court an agreement. The final orders of the Court, either by Consent or through hearing, are called Parenting Orders. Parenting Orders are binding on all the parties.