The law that governs Sydney family law is the Family Law act 1975. The Family court treats all Family court proceedings following due procedures. The court is responsible for handling complex family disputes after dispute resolution or family law mediation fails.

Many people are least bothered about Sydney family law until they go through a divorce process in the state. However, it is best to understand what the law says before going through a divorce proceeding.

With this, you can prepare your arsenal and know how to pull through the emotional and legal issues. This post looks at the basics of family law in Sydney and how it applies to divorce and custody.

Sydney Family Law and Divorce

Before 1975, spouses find it difficult to divorce because they have to prove their spouse is unfaithful, medically insane, or an alcoholic. However, the Family Law Act 1975 introduced the no-fault divorce concept to enable couples to divorce on the ground of irreconcilable differences.

With this concept, individuals can file for divorce, pay the associated fee, and have their divorce application granted. Before applying for a divorce under the Sydney family law, couples must have been separated for a minimum of twelve months.

A couple still living together must prove there is no domestic relationship between them. You must provide an affidavit or extra documents to support the claim of separation. Where underage children are involved adequate arrangements must be made for the children before the court can grant the divorce request.

Sydney Family Law and Annulment

A divorce is different from an annulment. An annulment means you a couple was never married legally, and under the Sydney family law, the marriage does not exist.

People of the Catholic faith will find an annulment a better option than divorce because they can marry again in the Church after the divorce. The partners must be present for an annulment hearing before the court can grant it, but an appearance is unnecessary for a divorce.

Sydney Family Law and Cohabitation/De facto Relationships

Sydney family law has a provision for couples living together without legally registering their relationship. Couples cohabitating or in a de facto relationship can apply to register their relationships with the NSW, Deaths, and Marriage.

A registered relationship protects both partners if they split. They can go to Court to settle any parenting or financial matters.

Sydney Family Law and Parental Responsibility

According to Sydney family law, both parents have equal responsibility for the children from their marriage. Both partners have an equally shared responsibility to support their children emotionally and financially.

The responsibilities include paying child maintenance, child support, and child care. In most cases, divorcing parents resolve parenting issues out of Court, and less than 10% of family issues make it to Court. When the matter gets to Court, the Court considers the best interest of the children always.

Sydney Family Law and Domestic Violence

Any partner in physical danger of being hurt by their spouse or partner can apply for an Apprehended Domestic Violence Order (ADVO) through the Family Court or the Policy.

If it is granted, it will have standard conditions associated with it. An ADVO may or may not affect the ability of the partner to see their children. The Court will generally consider associated risks when making decisions.

Conclusion

Sydney family law is a vast domain covering several topics. This post covered some basics relating to divorce, annulment, parental responsibility, and cohabitation. Other areas covered by the law include property and financial settlement, same-sex marriage, polygamy and bigamy, and surrogacy and adoption.