Family Law and De Facto Law

Wiltshire Lawyers practises exclusively in the areas of family law and de facto law.

By focusing only on family law and de facto law, we are to provide specialised service and advice in relation to this challenging and ever changing area of law area. Separation is one of the most difficult experiences a person can encounter which makes it even more important to be advised by specialists in this area.

At Wiltshire Lawyers, we believe that family law advice should not be restricted to people who are contemplating separation or who have already separated. We believe that strategic advice should also be sought in relation to the preparation of Binding Financial Agreements prior to the commencement of cohabitation or marriage.

Binding Financial Agreements are an extremely effective way to regulate and protect your financial affairs if you are living in a same or opposite sex relationship; considering marriage; already married; separated or even divorced.

Please do not hesitate to contact us for your FREE consultation and Family Law Information Kit.

Matrimonial Property Settlements

Matrimonial property settlement refers to the division of the husband and wife’s property following separationThe law that relates to how property is divided following the breakdown of a marriage is set out in Part VIII of the Family Law Act 1975.

De Facto Property Matters

Since 1 March 2009 de facto property matters are to be determined by Part VIIIAB of the Family Law Act 1975. The laws now relating to de facto relationships are almost exactly the same as the laws which apply to marital relationships.

Binding Financial Agreements

On 27 December 2000, Part VIIIA was introduced into the Family Law Act. This part deals specifically with "Financial Agreements" and provides for specific provisions for parties to enter into Financial Agreements, both before, during and after marriage.

Child Maintenance and Support

Responsibility for the financial support of children lies with both parties to a relationship regardless of whether the parties are or have been married or have remarried, are living in a de facto relationship or never lived in a relationship at all

Parenting Issues

On 1 July 2006 the Family Law Amendment (Shared Parental Responsibility) Act 2006 came into effect. This legislation focuses on facilitating the rights of children to have a meaningful relationship with both parents by encouraging parents to share responsibility for their children post separation.

PaternityTesting

Parentage is a matter of fact. However, in some cases it may become a matter in dispute between the parties. Accordingly, the law presumes parentage in certain circumstances. The Family Law Act has broken this presumption into the following five categories, namely:

Child-Relocation

Difficulties often arise when one party, particularly the party with whom child or children are living with, decides that they wish to relocate to a different town, state or country. The difficulty with relocation is the restriction it is likely to put on the amount of time that the non-relocating party can spend with the child or children.

Domestic Violence

Domestic Violence is a problem that usually goes on behind closed doors and out of the public eye. Domestic violence includes abuse between:

Mediation and Arbitration

We are strong advocates for parties resolving their issues through mediation or arbitration. In fact, it is now a legislative requirement that parties make a genuine effort to explore all areas of primary dispute resolution before making an application to the Court.

Recovery and Location Orders

A recovery order allows persons, such as police officers, to take appropriate action to find, recover and deliver a child to the parent or primary carer. As well, a recovery order can provide directions about the day-to-day care of a child until the child is returned or delivered.

Spousal Maintenance

An Order for Spousal maintenance means that a spouse with sufficient means may, in some circumstances, have the responsibility of financially assisting their former spouse if he or she cannot meet their own reasonable expenses from their personal income or assets.