Family Law

Family Law Services — All Areas Covered

The Family Law Act 1975 (Cth) governs most family law matters in Australia. Our experienced team can assist you with:

• Property settlements (division of assets and liabilities)
• Parenting arrangements (child custody, care, and parental responsibility)
• Divorce applications
• Spousal maintenance
• Child support
• Financial agreements (including Binding Financial Agreements)
• Family violence orders (intervention orders)
• De facto relationship matters
• Superannuation splitting
• Enforcement of family law orders
• Relocation and travel disputes
• International family law issues

Property Settlements

Property settlement involves dividing assets, liabilities, superannuation, and financial resources after separation. The process is governed by the principles in the Family Law Act 1975.

Key steps in property settlement:

1. Identify and value all assets, liabilities, and superannuation interests of both parties (the “property pool”).
2. Assess the contributions of each party (financial, non-financial, homemaker, parent).
3. Consider future needs factors (age, health, income earning capacity, care of children).
4. Determine what is just and equitable in the circumstances.

Disclosure obligations:
Both parties must provide full and frank disclosure of all financial circumstances. This includes bank statements, tax returns, payslips, superannuation statements, property valuations, business records, and any other relevant documents.

How we get started:
We begin with a confidential consultation to understand your situation. We then guide you through gathering disclosure documents and advise on your entitlements and options.

Pre-litigation procedures:
Before commencing court proceedings, parties are generally required to make genuine efforts to resolve disputes through negotiation or mediation (Family Dispute Resolution). We assist clients with correspondence, negotiation, and formal mediation to try to reach agreement without litigation.

Parenting Arrangements

Parenting matters cover who children live with, spend time with, and how parental responsibility is shared.

Key considerations:

• The best interests of the child are paramount.
• Parental responsibility may be shared jointly or allocated solely to one parent.
• Parenting arrangements can be formalised by consent orders or parenting plans.

Disclosure obligations:
Parties must disclose information relevant to the care, welfare, and development of the child—such as school reports, medical records, and evidence of family violence or risk.

How we get started:
We meet with you to discuss your goals for your children. We help you prepare disclosure documents and develop proposals for parenting arrangements.

Pre-litigation procedures:
Except in cases involving urgency or family violence/risk, parties must attempt Family Dispute Resolution (mediation) before applying to court. We can refer you to accredited mediators or represent you during negotiations.

Parentage

Parentage refers to the legal recognition of who a child's parents are under the Family Law Act 1975. Establishing parentage is crucial for determining parental responsibility, parenting arrangements, child support obligations, and inheritance rights.

How is parentage determined?

• The law presumes parentage in certain situations (e.g., if a person is named on the birth certificate, was married to the mother at conception or birth, or lived with the mother during conception).
• If parentage is disputed, the court can make a declaration of parentage or order DNA testing.
• Parentage issues may arise in cases involving assisted reproduction, surrogacy, or where there is uncertainty about biological relationships.

If you have concerns or questions about parentage—whether you are seeking to establish or challenge it—we can advise you on your rights and guide you through the legal process.

Divorce

Divorce is the legal dissolution of marriage.

Key facts:

• Australia has a “no fault” divorce system—only requirement is irretrievable breakdown of marriage evidenced by 12 months' separation.
• Either party can apply for divorce after 12 months' separation.
• Divorce does not resolve property or parenting issues—these must be dealt with separately.

How we get started:
We assist you in preparing your divorce application and supporting documents. If there are children under 18, the court will require evidence that proper arrangements are in place for their care.

Other Family Law Areas

Disclosure Obligations in Family Law

Full and frank disclosure is mandatory in all financial matters under the Family Law Act 1975. Failure to disclose can result in penalties or adverse outcomes. We guide clients through the disclosure process to ensure compliance and transparency.

How We Usually Get Matters Started

1. Initial consultation to understand your circumstances and objectives
2. Advice on your rights, obligations, and likely outcomes
3. Assistance gathering required disclosure documents
4. Correspondence with the other party or their lawyer
5. Negotiation or mediation to resolve issues where possible

Pre-Litigation Procedures

Before commencing court proceedings in property or parenting matters:

• Parties must make genuine efforts to resolve disputes through negotiation or mediation (Family Dispute Resolution).
• Certain exceptions apply for urgent cases or where there is family violence/risk.
• We assist clients at every stage—advising on strategy, preparing documents, representing you at mediation or negotiation sessions.

 Why Choose Sartori Legal Services?

• Experienced family lawyers acting across all Australian states (except WA)
• No legal aid—private clients only
• Comprehensive advice on property settlements, parenting arrangements & divorce
• Clear guidance on disclosure obligations & pre-litigation requirements
• Strategic representation from first consultation to final resolution