When a marriage comes to an end, the rights, entitlements and responsibilities of the spouses are primarily governed by the provisions of the Family Law Act and the Child Support Legislation.
These laws are Commonwealth laws and apply in the same way throughout every State and Territory in Australia, with some minor changes in Western Australia.
The Courts that decide disputes in relation to children, property, spousal maintenance, divorce and other issues arising out of the breakdown of a marriage are Commonwealth Courts and are primarily the Family Court of Australia and the Federal Circuit Court, a division of the Federal Court of Australia.
In Queensland both of these Courts have their primary registries in Brisbane.
It is important to remember that in Australia we have a “no fault” divorce system so the issue of “fault” of either spouse in the cause of the breakdown of a marriage won’t impact on the capacity to obtain a divorce or the issues relating to children or finances.
Our family lawyers in Brisbane and the Gold coast can help you understand the rights, entitlements and responsibilities you have in relation to property settlement, asset protection, spousal maintenance, how much time your children will spend with each of you, and child support among many other issues.