Family Law

Whether you're facing a separation, divorce, parenting dispute, or any other family law matter, we are here to provide expert legal assistance and guidance every step of the way. At Rangi Lawyers, we understand that navigating the complexities of family law can be  daunting, which is why we're committed to offering you clarity, support, and effective solutions tailored to your unique situation. 

Divorce:

A divorce order formally ends a marriage and is separate from the process of financial and parenting matters. After a divorce, there are strict time limits for settling financial matters.

Our firm is here to assist individuals navigating divorce applications. We provide clear explanations of the process and have extensive experience representing clients in divorce hearings and related court applications.

Parenting Matters 

Parenting matters involve decisions related to the care, protection, and well-being of children after the breakdown of a relationship. It's important to address these matters alongside divorce and property settlement.

Our legal team is adept at assisting individuals navigating parenting matters. We provide clear guidance on the process, ensuring that the welfare of the children remains the utmost priority.

Generally, when determining parenting matters under the Family Law Act in Australia, the court prioritises the best interests of the child. Whilst the court considers various factors, the paramount consideration is the best interests of the child.

It's important to note that the court aims to facilitate a child having a meaningful relationship with both parents, unless it is contrary to the child's best interests. The emphasis is on shared parental responsibility, but the specifics of parental arrangements may vary based on the unique circumstances of each case.

Parents are encouraged to engage in dispute resolution processes. The court's decision aims to promote the child's welfare and provide for their emotional and physical needs in a stable and nurturing environment.

Financial Matters: 

When addressing financial matters in the context of family law under the Family Law Act in Australia, the court considers various factors outlined in Section 79 and Section 75(2) of the Act. The objective is to achieve a fair and equitable division of property and financial resources. 

In the context of family law, the consideration of financial matters under the Family Law Act in Australia involves a meticulous examination of various factors to ensure a just and equitable outcome. 

When unravelling financial intricacies, a critical first step is the identification and disclosure of all assets, liabilities, and financial resources held by each party. This exhaustive disclosure lays the foundation for a comprehensive understanding of the financial landscape.

The court takes into account the contributions made by each party during the course of the relationship. These contributions extend beyond monetary aspects to encompass non-financial contributions such as homemaking. Additionally, contributions to the career or financial position of the other party are duly recognised.

A forward-looking perspective is adopted by considering the future needs of each party. This includes factors such as age, health, income, property, and financial resources. The court aims to establish a fair settlement that considers the ongoing responsibilities of each party, especially those related to the care and support of children.

The court may also weigh financial matters in light of parental responsibilities. If one party has primary care responsibilities for the children, the court considers the associated financial responsibilities.

The existence and terms of any financial agreements between the parties are taken into account. Binding financial agreements, a distinct aspect of financial separation, carry significant weight. These agreements, entered into voluntarily by the parties, can provide a predetermined framework for the division of assets and liabilities.

In navigating financial separation matters, individuals are encouraged to seek legal advice early in the process. Our team offers valuable insights into rights, obligations, and potential outcomes. This proactive approach facilitates informed decision-making and may pave the way for negotiation or mediation, thus potentially averting the need for court proceedings.

It is crucial to recognise that financial separation matters are highly individualistic, and outcomes hinge on the unique circumstances of each case. The emphasis on dispute resolution mechanisms, such as mediation and negotiation, underscores the commitment to achieving a fair and mutually acceptable financial arrangement.

Domestic Violence Matters: 

The consideration of domestic violence is paramount due to its profound impact on the safety and well-being of individuals within familial relationships. 

Domestic violence encompasses various forms of abuse, including physical, emotional, psychological, and financial abuse. Recognising the significance of ensuring a safe environment for all parties involved, the court prioritises the safety of victims and their children as the paramount consideration.

The court places a premium on the safety and well-being of individuals affected by domestic violence. Any history or risk of violence is meticulously assessed to determine appropriate protective measures.

The impact of domestic violence on children is considered, both directly and indirectly. The best interests of the child remain a primary focus, and arrangements are made to safeguard their welfare.

The nature and frequency of the domestic violence are scrutinized, including physical harm, threats, intimidation, and coercive control. The court aims to address immediate safety concerns and prevent further harm.

Individuals experiencing domestic violence may seek legal protections, such as Apprehensive Domestic Violence Orders (ADVOs), to ensure their safety. The court acknowledges and enforces these orders as part of family law proceedings.

In cases of domestic violence, the court may issue specific orders to protect the victim and, if applicable, the children. These orders can include restraining orders, supervised visitation, or location exclusion orders.

If domestic violence is alleged, the court may order supervised visitation to ensure the child's safety during interactions with the perpetrating parent.

Given the gravity of domestic violence issues, seeking legal advice and support is crucial. Legal professionals play a pivotal role in navigating family law matters involving domestic violence, assisting victims in obtaining protection and advocating for their rights.

In these cases, the court is dedicated to fostering an environment that prioritises the safety, security, and well-being of all family members. It underscores the commitment to addressing domestic violence within the context of family law with sensitivity and urgency.

De Facto Relationships:

In Australia, de facto partners have legal entitlements similar to those  of married couples regarding property and financial matters upon  separation. Contributions, both financial and non-financial, during the  relationship are considered for fair division of assets. The duration of  the relationship influences the property settlement. Family law rights extend to parental responsibilities, including parenting arrangements and child support. 

Legal protections, such as intervention orders, are  available for de facto partners. Binding financial agreements can be made to specify asset division. Seeking legal advice early on is advisable to understand rights and obligations effectively.