Family and divorce lawyers.
If you’re thinking about separating or your relationship has broken down, our knowledgeable and compassionate team of family lawyers based in Adelaide and regional SA are here to support you with practical advice and sensible family law solutions.
We understand that family matters can be incredibly stressful, especially when the law is involved. You don’t have to navigate this journey alone.
Our team is here to help you understand your rights, entitlements, and obligations, and guide you through the process of your property settlement, whether you were married or in a de facto relationship. We’ll also assist with understanding how spousal or de facto maintenance applies to you and guide you through the divorce process.
If you need help creating sensible post-separation parenting arrangements for your children, we can guide you through that process with experience and care. We’ll also assist with organising child support or adult child maintenance, ensuring you’re informed and supported every step of the way.
We know how challenging and emotional family law matters can be. With our expertise and support, we’ll help you make sense of the law, manage conflict, and find practical solutions that will help you move forward with clarity and confidence.
Talk to our family and divorce lawyers about
Matrimonial property settlements
When a married couple separates, often, each spouse will have a property settlement claim because of rights, entitlements, and obligations that are set out in the Family Law Act 1975.
A property settlement is an agreement between a separated couple about how they will divide their assets, liabilities, and superannuation interests after they separate.
The usual approach for sorting out a matrimonial property settlement involves a preliminary question and four steps.
Essentially, that framework focuses on what there is to divide and how to divide it fairly.
Family Dispute Resolution practitioners, mediators, lawyers, and the Courts all use that same framework to help people to work out property settlements.
De facto property settlements
When a de facto couple separates, often, each person will have a property settlement claim because of rights, entitlements, and obligations that are set out in the Family Law Act 1975.
A property settlement is an agreement between a separated couple about how they will divide their assets, liabilities, and superannuation interests after they separate.
The usual approach for sorting out a de facto property settlement involves a preliminary question and four steps.
Essentially, that framework focuses on what there is to divide and how to divide it fairly.
Family Dispute Resolution practitioners, mediators, lawyers, and the Courts all use that same framework to help people to work out property settlements.
Spousal maintenance and de facto maintenance
If you can’t meet your reasonable financial commitments and expenses following a separation or divorce, you may be entitled to financial support from your former partner.
This is called spousal maintenance (for people who were married) and de facto maintenance (for people who were in a de facto relationship) and may be paid as a periodic amount or a lump sum.
Divorce
Divorce is the formal, legal ending of a marriage.
Getting divorced involves making an Application for Divorce and obtaining a Divorce Order.
But, a divorce does not resolve property settlement, spousal maintenance or parenting arrangements. Those are separate issues.
Post-separation parenting arrangements
Parenting arrangements made after separation must prioritise the best interests of the child and, where possible, support each parent to maintain a positive, meaningful relationship with the child.
We can help you to make parenting arrangements that cover things like who a child will live with, how much time they spend with each parent, what happens on special occasions (like school holidays, birthdays, Christmas, and Easter), how communication between households will happen, and practical matters—like access to medical and school information.
Child support
After parents separate, each of them continues to have a responsibility to support their child.
Child support is the financial support paid by one parent to the other, after separation occurs, for the specific benefit of their child.
Our track record as family lawyers
Robyn was recommended by a friend who is already a client at Johnston Withers. She advised that Robyn is knowledgeable about the law and is ethical and kind with clients.
Meet the family law team
News & views from the family law team
Browse allGetting divorced in South Australia
The laws around divorce and family law can be a bit of a mystery. Our divorce lawyers have prepared some common important divorce questions to help you navigate getting divorced in South Australia.
Do you want your family to reap what you sow?
As part of our estate and succession planning practice Johnston Withers provides advice to our rural clients about inter-generational transfers of farming land and farming businesses.
Parenting Arrangements Over the Holidays
Johnston Withers Family Lawyers have experience in creating Parenting Plans and Consent Orders as well as negotiating arrangements. We are also able to represent you in the Family Courts should that be necessary.