General

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Whether you are in a marriage, de facto or other relationship, Family Law applies to determine various matters upon the breakdown of any of those relationships. This includes such issues as: -

• the division of property and provision of financial support;
• determining the living and care arrangements for children;
• the provision of child support or child maintenance; or
• the formal dissolution of a marriage.

There is not one law that applies to all types of relationships or issues. For most people the starting point alone of determining which law applies can be complex and confusing. For instance: -

• The Family Law Act, deals with:
  
  • property and financial issues arising out of a marriage;
  • divorce;
  • children’s disputes arising out of all types of relationships;
  • child maintenance in some marriage and other cases involving opposite sex parties only;
• The Child Support (Assessment) Act deals with child support arising out of marriage and other cases involving opposite sex parties only.
• The Property (Relationships) Act (NSW), deals with property and financial issues arising out of opposite and same sex de facto relationships.

However, there is a vacuum in the law dealing with aspects of parental responsibility of same sex couples with their own children, and of any child maintenance or child support issues related to them.

After determining which law applies and how it applies, there are other matters to consider, including:

• What are you entitled to do or receive, or what arrangements may be appropriate?
• How should your problem be approached, and what process is best?
• Should you seek to negotiate, and if so, how?
• Should you access mediation services, and if so, when?
• What information do you need to provide, and verify? What is relevant, and what is not?
• If you negotiate an agreement, how do you make it legally binding and enforceable? What are the alternatives, and which is the best one for you?
• Should you apply to a Court, and if so, which one?
• If you apply to a Court, what should you seek, and why? What forms do you need? What process is involved?
• What happens if your matter does not resolve by agreement in Court proceedings? What do you need to prepare, and how is it presented?

There is clearly much more to consider than most people would expect in order to make the right, informed decisions and to navigate through the appropriate processes.

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