Best Family Lawyers in Adelaide

About Family Law in Adelaide, Australia:

Family law in Adelaide, Australia, is primarily governed by the Family Law Act 1975 (Cth), though the State also has legislation dealing with certain issues, such as child protection and adoption. The primary court handling family law matters is the Family Court of Australia, along with the Federal Circuit Court. Family law covers a wide range of topics, including divorce, child custody, child support, spousal maintenance, property division, and domestic violence.

Why You May Need a Lawyer:

There are numerous situations where you may require legal help in family law. Some common scenarios include divorce proceedings, negotiating agreements regarding child support or spousal maintenance, resolving child custody disputes, applying for domestic violence orders, or making arrangements for property division after a relationship breakdown. Moreover, a family lawyer can ensure that your legal rights are protected and can provide advice tailored to your specific circumstances.

Local Laws Overview:

The Family Law Act 1975 (Cth) sets out the laws for marital and de facto relationship breakdowns, including property division and spousal maintenance. For child custody, the Act prioritizes the best interests of the child. South Australian laws also play a role, with the Adoption Act 1988 (SA) governing adoption and the Children's Protection Act 1993 (SA) for child protection matters. The Intervention Orders (Prevention of Abuse) Act 2009 (SA) can be used to apply for domestic violence orders.

Frequently Asked Questions:

1. Do I need to go to court for a divorce? - Not always. If you and your spouse agree on all issues, you can file a joint application and avoid a courtroom.
2. How is child custody determined? - The best interests of the child are the primary consideration. This can include factors such as the child's relationship with each parent, the ability of each parent to provide for the child's needs, and the child's own views depending on their age and maturity.
3. How is property divided after a relationship ends? - All property is considered, and the division is based on factors such as contributions to the relationship (financial and non-financial), future needs, and fairness. It is not necessarily a 50-50 split.
4. Can I get a domestic violence order? - If you fear for your safety due to the behaviour of a family member or former partner, you can apply for an Intervention Order under South Australian law.
5. What is spousal maintenance? - This is financial support paid by one partner to another after a relationship ends, particularly if one partner cannot meet their reasonable expenses.

Additional Resources:

For more information and help, you can approach the Legal Services Commission of South Australia, Women's Legal Service SA, and the Central Community Legal Service. The Family Court of Australia and the Federal Circuit Court also have resources and fact sheets on their websites.

Next Steps:

If you need legal assistance in family law, start by researching and finding a lawyer who specializes in this field. Arrange for a consultation to discuss your issues. If you cannot afford a private lawyer, you can contact the Legal Services Commission of South Australia or the Community Legal Centres for assistance. Always prepare all relevant documents and facts before meeting with your lawyer.