Family law is the area of ​​law that deals with matters relating to the family and family relations. Family Law Practice in Sydney in the area of ​​family law includes representing clients both at the negotiation stage and in court in cases involving domestic violence (usually followed by an order of protection), divorces, separate residence, children’s residence after divorce and child visitation, child and spousal support, property division, domestic violence, prenuptial agreements, and juvenile delinquency lawsuits. These specialists take part in out-of-court negotiations, as well as conduct court hearings when necessary.

Family law is a branch of law that regulates family relations, namely: personal and related property relations that arise between persons during marriage, kinship, adoption, adoption of children into a family for upbringing. In this article, we will look at several important issues that relate to family law and the situations that are associated with it.

What is the difference between a contested divorce and a non-contested divorce?

When both husband and wife voluntarily agree on all aspects of the divorce, including the division of joint property, residence and visitation of children, child support and for former spouses, or are able to sign a separation agreement, their divorce is considered a divorce by consent. 

On the other hand, when spouses cannot agree among themselves on all aspects of divorce and separation, and require the court to make appropriate decisions on the above aspects of divorce, they are forced to deal with a judicial divorce. On the practical side, a legal divorce requires a lot more work, usually takes longer, and tends to cost more.

When am I officially divorced? 

The parties in a divorce proceeding are considered divorced from the moment the judge signs the divorce decree. In the case of a divorce by consent, if a postcard has been filed in advance, the court will notify the final divorce by mail. In the case of a judicial divorce, although the judge may verbally announce during the trial that the parties are divorced, the divorce is officially finalized after the parties’ attorneys have submitted the documents to the court and the judge has signed the divorce decree.

How is child support calculated?

Parents have the duty to support the child until he reaches the age of majority. And by agreement between the parents of the child, one of them who lives separately from the child may take part in his maintenance in cash and (or) in kind. But, if one of the parents refuses to pay alimony, then at the claim of the other parent of the child, the method of collecting alimony is determined by the court decision. Therefore, there are two ways of paying alimony: voluntarily or involuntarily.

Voluntary payment of alimony

It is carried out on the basis of a statement from one of the parents about the deduction of child support from his salary, pension, scholarship. The amount and period for the collection of alimony are indicated in the application, which is allowed to be withdrawn at any time. His father (mother) submits at the place of work, study, who make payments, from which alimony will be deducted.

Voluntary also consider the payment of alimony in cases where: 

  • the total amount to be deducted on the basis of an application and executive documents exceeds half of the salary, pension, scholarship; 
  • alimony is being collected for another child;

Voluntary also consider the payment of alimony in cases where:

  • the total amount to be deducted on the basis of an application and executive documents exceeds half of the salary, pension, scholarship; 
  • alimony is being collected for another child.

In such cases, one of the spouses may apply for the deduction of alimony in a larger (additional) amount.

Also, parents can conclude an agreement on the payment of child support, in which they determine the amount and terms of payment. Such an agreement is concluded in writing and notarized. If one of the parents does not fulfill his duty under the contract, alimony can be recovered from him on the basis of the notary’s executive inscription. Then their payment will become compulsory.

Forced collection of alimony

Forcibly, alimony is deducted from the earnings (income) of one of the parents according to court documents and documents of state or private executors. To do this, one of the parents with whom the child lives, files a lawsuit, receives a positive court decision and a writ of execution.

Application for divorce through the court by joint decision of the spouses

In this article, we will look at several important issues that relate to family law and the situations that are associated with it. A married couple that has common minors or minor children can only part through the courts.

In the case when both the husband and the wife understand that their family relations have exhausted themselves, but none of the spouses wants to be the initiator of the termination of the marriage, a divorce through the court by joint decision is possible. Such a decision will protect the parties from future misunderstandings that may arise after the termination of the marriage.

However, along with a joint application, other documents must be submitted to the court, namely:

an agreement on the exercise of parental rights and determination of the place of residence of the child; a notarized agreement on the exercise of parental rights and determination of the place of residence of the child on the amount of child support. 

Both contracts can be combined into one by writing down all the necessary clauses – the law does not prohibit this. The contract must be notarized. The procedure for considering a divorce case by mutual decision of the spouses.

A court case, in the case when a married couple files a joint application for divorce along with an agreement on the upbringing and maintenance of a child, is considered in a special proceeding.

Considering the case, the court checks the content of the contract, and if its terms do not violate the rights of the child, it makes a decision on divorce. Such a decision shall be made by the court not earlier than 30 days after the filing of the application.

Cases of special proceedings, according to the law, are considered with the participation of the applicant and all interested parties. The court is obliged to explain to the participants in the proceedings their rights and obligations. To protect the interests of the child, the court has the right to involve the body of guardianship and guardianship in the process as an interested person.