Family 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 help you work through those decisions with care and clarity. 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 us our Family 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
The way property is divided after a separation or divorce, has been established under the Family Law Act and case law. This includes superannuation, which is treated as property and is divided accordingly.
When it comes to the division of property, both partners’ assets are identified and valued before their contributions are evaluated (including financial, homemaking and parenting) and their future needs are assessed.
If an agreement is reached outside of court, we recommend that it’s formalised as a Consent Order of the Federal Circuit and Family Court of Australia.
If an agreement can’t be reached, married couples must apply for property settlement within 12 months of their divorce. De facto couples have 24 months from the date of their separation to apply for property settlement
The way property is divided after a separation or divorce has been established under the Family Law Act 1975 and case law. This includes superannuation which is divided as part of the settlement.
When it comes to the division of property, both parties assets are identified and valued before their contributions are evaluated (including financial, homemaking and parenting) and their future needs are assessed.
Our experienced Family lawyers in our offices in Adelaide, Salisbury and and regional South Australia can guide you through this process with clear advice and strong advocacy.
Spousal maintenance
If you can’t meet your reasonable expenses following a separation or divorce, you may be entitled to financial support from your former partner. This is called spousal maintenance and may be paid as a periodic amount or a lump sum.
Whether or not you’re entitled to spousal maintenance depends on your financial needs as well as your former partner’s capacity to pay.
Our separation lawyers and divorce lawyers in Adelaide and regional SA can help you apply for financial support following your divorce or the end of your de facto relationship.
Parenting arrangements after divorce or separation
When it comes to determining parenting arrangements after a divorce or separation, the law will always prioritise the child's best interests.
Our family lawyers in our offices across South Australia can provide empathetic advice about the law’s presumption that both parents have equal shared parental responsibility, as well as practical next steps regarding what this means for you.
Our lawyers can help you prepare for mediation and formalise care arrangements for your children through Parenting Plans and Consent Orders.
Financial agreements
Whether you’re entering or exiting a marriage or de facto relationship, our South Australian family lawyers can prepare prenuptial agreements, Consent Orders to be made by the court; binding financial agreements, and child support agreements on your behalf. We’re experienced in navigating the complex and often emotional landscape of family law and will take every step necessary to protect your rights.
Your legal rights in a de facto relationship
Our family lawyers in Adelaide and regional South Australia can provide practical advice about your legal rights in a defacto relationship.
A person in a de facto relationship (including in a same-sex relationship) who separated from their partner after 1 July 2010 is entitled to spousal maintenance and property division as set out in the Family Law Act 1975.
This also means that a de facto couple can enter into prenuptial agreements as well as binding financial agreements.
Mediation
Looking for assistance with mediation? Our family lawyers in Adelaide and regional South Australia can help you prepare for mediations of all kinds, including parenting arrangements, spousal maintenance and property division.
Meet the family law team
News & views from the family law team
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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.
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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.