Best Family Lawyers in Subiaco
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List of the best lawyers in Subiaco, Australia
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About Family Law in Subiaco, Australia
Family law in Subiaco, Australia generally pertains to matters related to divorce, child custody, spousal support, child support, and distribution of property upon separation. These laws are governed by the federal Family Law Act of 1975. However, state laws such as the Family Court Act of 1997 in Western Australia, which Subiaco is a part of, also come into play.
Why You May Need a Lawyer
Common situations requiring a family lawyer include divorce proceedings, child custody battles, division of marital assets, child support and spousal maintenance issues. An experienced lawyer can help navigate these often complex and emotionally difficult areas of law, ensuring your rights and interests are protected.
Local Laws Overview
In Subiaco, local laws relevant to Family Law include the Family Court Act 1997 and the Restraining Orders Act 1997. The Family Court Act deals primarily with matrimonial and child-related issues, while the Restraining Orders Act deals with violence restrains orders which may apply in familial situations.
Frequently Asked Questions
How is child custody determined?
Child custody is determined based on the best interests of the child, taking into consideration factors such as the child’s relationship with each parent, the child's views and wishes, the effect of any changes on the child, and any family violence involving the child or a member of the child’s family.
How is the division of property decided upon divorce?
The division of assets upon divorce is decided based on contributions made by each party during the marriage and the future needs of each party. Contributions can be financial, non-financial, and as a homemaker or parent.
What is spousal maintenance?
Spousal maintenance refers to the financial support that one spouse may be required to pay the other following separation or divorce, particularly in cases where one party is unable to adequately support themselves.
How is child support calculated?
Child support is calculated based on both parents' income, the number of children, the living arrangements of the children, and the age of the children.
Can parental rights be terminated?
Parental rights can be terminated in cases of severe neglect, abuse, or if a court decides it is in the best interest of the child. However, this is considered a last resort measure and is not taken lightly.
Additional Resources
The Family Court of Western Australia and the Legal Aid Commission of Western Australia provide resources and advice regarding family law issues. Additionally, several non-profit organizations provide free legal advice and support such as the Women's Law Centre and the Men's Resource Centre.
Next Steps
If you need legal assistance in Family law, consider consulting a lawyer specializing in this field. You can contact local law firms in Subiaco, or reach out to legal aid services. Preparing any relevant documents such as marriage certificates, financial documents, or existing court orders will be beneficial for your first consultation.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.