Wagga Family Lawyers

We provide legal counsel and support for divorce proceedings, separation agreements and related family law matters.

The prerequisites for filing a divorce generally include being separated from your spouse for at least one year, and one or both parties must believe there's no chance of reconciliation. Legal grounds for divorce may vary based on jurisdiction. To learn more, you can consult a legal professional to discuss your specific situation. 

Child custody is typically determined by considering the child's best interests. This can include factors such as the child's age, the child's relationship with each parent, each parent's ability to provide for the child's needs and the child's wishes, depending on their age and maturity.

Property settlement refers to the process of dividing assets, liabilities, and financial resources between parties following a relationship breakdown. It covers all types of relationships, including marriages and de facto partnerships. The process generally starts with both parties identifying and valuing all assets and debts, whether owned jointly or individually. These can include real estate, bank accounts, superannuation, vehicles, businesses, and personal belongings, along with any debts like mortgages, loans, or credit card balances. After gathering this information, several factors are considered to reach a fair and equitable division, such as the length of the relationship, contributions (both financial and non-financial), future needs of each party, and care arrangements for any children involved. While many matters can be resolved through negotiation or mediation, court intervention may be necessary if parties are unable to agree. It is important to approach property settlement carefully to help reach an outcome that considers each party’s circumstances and obligations under the law.

People can consider several alternatives to court when dealing with family disputes. Common options include negotiation, mediation, conciliation, and collaborative law. Mediation involves both parties meeting with an independent mediator who facilitates discussions to help find common ground and possible solutions. Conciliation, often used in parenting matters, follows a similar format but may involve more structured guidance. Collaborative law involves parties and their legal representatives working together through a series of meetings to resolve issues respectfully and constructively. These approaches can help parties communicate directly, maintain greater control over the process, and potentially reduce the time and cost associated with litigation. These alternative methods may sometimes lessen emotional strain and contribute to better long-term co-parenting or ongoing arrangements. However, they may not be suitable in every case, particularly where safety or significant power imbalances are involved.

Spousal maintenance refers to financial support that one party may be required to provide to their former spouse or de facto partner following the breakdown of a relationship. The purpose is to assist the other party if they cannot support themselves due to various factors such as age, health, income-earning capacity, care of children, or financial resources. Eligibility depends on whether one party has a need for financial support and whether the other has the capacity to contribute. Unlike child support, which is specifically for the benefit of children, spousal maintenance focuses on the financial well-being of an adult partner. The court examines each party’s financial situation, including income, expenses, property, and earning potential, before determining if maintenance is appropriate and how much should be paid and for how long. These arrangements can be made by agreement or determined by the court.

De facto relationships are generally treated similarly to marriages under family law, particularly when it comes to matters such as property settlement, spousal maintenance, and parenting arrangements. A de facto relationship typically involves two people (including same-sex couples) living together on a genuine domestic basis. The court may consider various factors to assess whether a de facto relationship existed, such as the length of the relationship, shared finances, joint property ownership, mutual commitment, and whether there were children from the relationship. Once a de facto relationship is legally recognised, parties may apply to resolve financial and parenting matters in much the same way as married couples, provided certain time limits are met. For property settlement and spousal maintenance, applications generally need to be made within two years of the relationship ending unless special circumstances apply.

Grandparents and other individuals who have a significant involvement in a child's life may apply to the court for parenting orders under family law. The court recognises that children benefit from meaningful relationships with extended family members, where it is in their best interests. Applicants must demonstrate their connection to the child and how their involvement supports the child’s welfare and development. When deciding whether to make a parenting order, the court prioritises the child’s best interests, considering factors such as the nature of the relationship, the child’s wishes (depending on their age and maturity), and any potential risks to the child’s safety and well-being. These applications can be particularly complex and often require careful consideration of the circumstances involved.

If a party fails to comply with a family law court order, the other party may seek legal remedies to address the non-compliance. The court can consider applications to enforce orders and may take various actions depending on the seriousness and circumstances of the breach. These can include ordering make-up time for missed parenting arrangements, imposing fines, ordering compensation for financial losses, or, in some cases, considering changes to the orders themselves. The court’s response addresses non-compliance while prioritising the child’s welfare in parenting matters. Allegations of non-compliance are assessed on their merits, and parties are generally encouraged to resolve minor breaches through communication or mediation where possible before escalating the matter to court.

Family law proceedings in Australia are generally subject to confidentiality rules that limit public access to personal information disclosed in court. Legislation places restrictions on publishing details that may identify parties or children involved in family law cases. Court documents, affidavits, and evidence are typically accessible only to the parties involved, their legal representatives, and authorised court personnel. Certain exceptions exist where information may be shared with relevant government agencies or professionals involved in the case. These confidentiality provisions aim to protect the privacy of families and children involved in legal proceedings while balancing the court’s need to consider all relevant evidence in making decisions. If you need assistance navigating family law matters, get in touch with our Wagga family lawyers for guidance.