Family Law

After being separated for 2 years an application can be made to the Family Court to dissolve a marriage or civil union. Making a joint application is the most cost effective method but an application by one person can also be made. You will also need to pay a filing fee.

Protection orders under the Family Violence Act 2018 are available where you are in a situation where a partner is violent. Family violence includes physical, sexual and psychological abuse or violence. An application can be made to the Family Court which prohibits that person from making contact with you for the period of the order. We can assist with that application.

If there are continued breaches of a parenting order, an application to the family court can be made, to ensure that breaches do not continue.

Both parents of a child automatically become its guardian. That entitles them to made decisions about the child’s upbringing, for example what school the child should go to or what medical treatments the child should be given. Day to day care relates to having cared that child on a daily basis. You can have the ability to make guardianship decisions for a child without having day to day care

Depending on your income you can get legal aid for family matters. We can advise you on your eligibility and assist you with your application for legal aid.

Custody (known as day to day care) can be sought as part of a parenting order. This means that you will have the day to day care (either sole or in conjunction with others) of the child. The court needs to be satisfied that any care arrangements reached are in the best interest of the child or children.

A contracting out agreement (also known as a pre-nup) under the Property Relationships Act allows you and your partner to agree how you will divide assets on separation before that happens. You don’t need to be married to have a contracting out agreement but there are strict rules about ensuring that you both get independent advice before you sign an agreement. In an agreement you can agree that assets be divvied on separation in a way that wouldn’t happen if you didn’t have the agreement. For example if you have a house before you go into a new relationship, if that is the house you both reside in, that house becomes subject to equal sharing on separation. If you don’t want that to happen a contracting out agreement is a good option. Some people thing that if the house is in a trust that will protect it but that is not the case and the best protection is a contracting out agreement

Where a child lives is a guardianship decision which both parents need to make. If both parents are unable to agree on a relocation, the parent seeking to relocate, can make an application to the family court to move the children. The court will consider what is in the best interests of the children and make a decision on that basis. There is usually a strong preference against relocation particularly is access to the other parent is likely to be made more difficult as a result

The court can assist with decisions which the parents of children are unable to agree on. Many of these decisions will require the assistance of a family lawyer who can assist with the applications and ensuring that there is sufficient evidence before the court to allow the order to be made

There are a number of ways to protect your assets from future partners, but the best way is to entere into a contracting out agreement when you enter a new relationship. Under the Property Relationships Act you and your partner can agree who gets what if you break up. You both need to get legal advice before you sign a contracting out agreement.