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Lyon Legal Services

Free Family Legal Advice: An In-Depth Review of Family Law in Australia

Free Family Legal Advice

Introduction to Free Family Legal Advice

Family law matters can be somewhat more complex for people who do not understand the workings of the legal system and seem to overwhelm those who, unfortunately, may have to deal with their majesty. Divorce, child/parenting arrangements, settlement, or matters involving family violence-the bottom line remains that correct legal advice is mandatory. Family law exists within the framework of the rights of individuals with fair and equitable outcomes on the other side. This guide is drawn up in a way to provide clear and practical information about Australian family law that is accessible to the layman, allowing people to make an informed decision prior to Referral/engaging a formal lawyer. If free family legal advice is what you seek, then this guide is a good start. 

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What is Family Law?

The law of family in Australia is governed to a large extent by the Family Law Act 1975 (Cth), which sets the framework of law for the marriage, de facto relationships between the parties, divorce from one another, parenting arrangements, financial settlements between spouses, and protection against family violence. Family law seeks to bring resolution to disputes fairly, with the best interest of children laid down as paramount and fair financial arrangements between separating partners given second priority.

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Who Needs Family Law Advice?

Family law advice is needed by many- They would include the following:

  • Separation or divorce applicants – Legal rights and obligations to be put for consideration before making any life changing decisions.
  • Parents negotiating parenting arrangements – In the spirit of the best interests of the child.
  • Family violence victims- Get information about protection and intervention orders.
  • People in de facto relationships – Legal recognition and rights in matters concerning property and parenting.
  • Those who have property settlement issues- To know the legal entitlement and what will be done concerning money. 

Free Family Legal Advice- Scope and Availability

Those seeking free family law advice can find many government- and non-governmental resource agencies in Australia, including:

  • Community Legal Centers (CLCs) – Offer free legal services for financially disadvantaged clients.
  • Legal Aid Commissions – Providing legal aid and representation to qualifying individuals.
  • Family Relationship Centers (FRCs) – Mediation and dispute resolution services.
  • Online legal resources – Including government websites and not-for-profit legal organizations, feature substantial information regarding family law topics.
  • University law clinics: Law students under supervision offer free legal guidance on family issues.

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Types of Family Law Matters

  1. Termination of marriage and separation

Australia is based on a no-fault divorce system, which means that a couple is required only to separate for 12 months before a divorce is made. Regardless of whether the individuals are agreeing to separation or contesting it, it is valuable for them to know what legal procedures will be involved, what documents are needed, as well as the events in a courtroom.

  1. Parenting Arrangements

Under the law, it is mandatory for a child to act in their best interest, where without limitation equal shared parental responsibility applies. Parents can discuss mediation processes for arrangements but, in case of disagreements, the court will decide on custody rights and visiting privileges.

  1. Settlement of Finance and Property

Division of assets, superannuation, and liabilities would follow a 4-stage process:

  1. Recognizing and valuing all assets along with debts.
  2. Examining financial and non-financial contributions.
  3. Considering future needs (for example, child care responsibilities, health, and income difference).
  4. Ensuring that the division is just and equitable.

4. De Facto Relationships

De facto couples (including homosexual partners) will have rights similar to married couples on property and parenting disputes. How the relationship is recognized in law varies based on where the couple sits on a scale of living together, interdependence in finances, and how long they have been with each other.

  1. Family Violence and Protection Orders

Household violence victims can also apply for Apprehended Domestic Violence Orders (ADVOs) or Family Violence Intervention Orders (FVIOs) when seeking protection for themselves or their children. Family violence can also affect custody orders and financial settlements.

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Advice from Family Lawyers

  1. Understand what the law says your rights are and then what that means with respect to your obligations

Before taking legal action, free legal advice allows persons to ascertain their rights and know-how understand the accountability that goes with this, thus making them make a better decision.

  1. Have no unnecessary visits to the court 

There are alternative ways of resolving disputes, be it mediation or ADR, that can circumvent unnecessary emotional and cost-intensive visits to the court.

  1. Providing welfare for children 

Legal guidance helps to make the best interests of the child a priority in the parenting situation with utmost security and stability.

  1. Achieving a fair financial settlement 

Such legal guidance ensures that asset division is understood and is normal for an ensured amount of financial security for the future following separation.

  1. Securing protection from family violence 

Assistance may be available for people living in domestic violence to seek protection orders or relocate in safety.

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Conclusion

Family legal issues may be an uphill task; however, they can be rendered smoother through free legal advice related to families. Understanding the legal rights is even much more important when considering divorce, seeking parenting orders, or protecting oneself from family violence. There are several free organizations within Australia that offer free arrangements for justice accessibility to many citizens. For any further legal advice, contact a community legal center or your family law solicitor directly to facilitate the way through the process.

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