Adelaide Family Lawyers - Matrimonial Solicitors & Barristers





Our Adelaide solicitors are experts in family law and can provide practical and cost-effective legal advice in relation to :

  • Separation and Divorce
  • De facto relationship disputes
  • Same-sex relationship disputes
  • Property settlements
  • Financial disputes
  • Pre-nuptial agreements
  • Domestic violence
  • Paternity testing
  • Grandparents rights
  • Child custody
  • Child support
  • Parenting Issues including relocation matters (interstate and international)

If your relationship is in trouble or has ended, and you are worried about custody and care of your children, the division of your assets or any other related family law matter, you should seek legal advice as soon as possible. Our Adelaide family lawyers are knowledgeable, determined and compassionate. They will explain your legal rights in easy-to-understand terms.

For a free first consultation, complete the Contact Form or send an email.


Property Settlement


Property and financial settlements are often quite complex matters which require specialised legal skill and experience. Our Adelaide family lawyers are experts at handling matters involving property disputes when relationships breakdown. If your relationship has ended and you are concerned about what will happen to your assets as a result of a separation or divorce, you should seek legal advice.

Clients may be concerned about receiving adequate financial support for themselves and their children. They may have legitimate concerns about what will happen to their real estate, shares, cars, savings, investments, superannuation, furniture and jewellery.

The first step is to try to resolve any disagreements outside of the court. Our Adelaide family law solicitors can help negotiate on your behalf to ensure that you receive the best result possible. A financial agreement can be prepared by a solicitor which covers the division of property and spousal maintenance. Independent legal and financial advice must be obtained before signing a financial agreement.

In most situations, it is advisable that Consent orders are obtained from a Court. Our solicitors will advise you of the best options available in your case. Consent Orders are basically a written agreement that the Court formalises and approves, thus making it legally binding on all parties.

If no agreement can be reached outside of court, you will need to take legal action to resolve your property settlement dispute. An application for property orders must be submitted to the Family Court or the Federal Magistrates Court. This application must be made within 12 months of your divorce becoming final. Your financial circumstances must be fully disclosed to the court, and after the court hearing, the court will decide how to split your property.


Spousal Maintenance


If you are unable to support yourself from your own resources and your partner has the capacity to pay maintenance to you, you can seek spousal maintenance. A court would consider your partner’s ability to pay when determining how much financial support you may receive. Your entitlement to spousal maintenance will cease if you re-marry or enter into another de facto relationship.


Child Custody


Whether the parents are married, de facto, adoptive or same sex, the courts have the power to make decisions under the Family Law Act with regard to custody, residence and financial support of children.

Under the Family Law Act, there is a presumption of equal shared parental responsibility which means that both parents have an equal role in making decisions that affect the child’s care, education, religion, health and wellbeing. The best interests of the child are paramount considerations. Additional considerations include: the nature of the child’s relationship with each parent and any views expressed by the child. The court must also have regard to the need to protect the child from physical or psychological harm from being subject to, or exposed to, abuse or violence. Any person with a propensity to commit acts of violence is likely to be considered as a poor role model for the child.

In considering what amount of time a child is to live with either parent the Family Court will look at whether an equal time arrangement is reasonably practicable and in the best interests of the child. If an equal time arrangement is not feasible, the court must consider whether the child spending significant and substantial time with one parent is in the child’s best interests.


Parenting Plan


Our solicitors can prepare a Parenting Plan which is a formal agreement signed by both parents, that covers the responsibilities of each parent. The plan can include such matters as :

  • with whom and where a child will live;
  • the amount of time the child will spend with the other parent;
  • custody arrangements for important dates (e.g Christmas and Birthdays);
  • whether a parent can relocate with the child.

Parenting plans are generally not enforceable as are parenting orders. In most situations, it is therefore advisable to obtain a formal parenting order covering parenting issues.


Parenting Orders


Parenting orders are legally binding agreements which cover the following:

  • Parental responsibility and decision-making.
  • Residence of children.
  • The amount of time a child will be allowed to spend with or communicate with the other parent.

An application can be made for Parenting Orders in the Family Law Court of Australia. These orders can be obtained by consent or by application by one party where the other party will not agree to terms. A parenting order may be applied for by either or both of the child’s parents, the child, a grandparent of the child, or any other person concerned with the care, welfare or development of the child.

Disagreements which cannot be resolved through negotiation or mediation will need to be resolved through a court hearing. Our family law solicitors have dealt with numerous family law mediations and family law hearings, and will ensure that you receive high quality legal advice and representation at every step of the way.

There are penalties for failing to comply with a parenting order without a reasonable excuse. Depending on the seriousness of the situation, the court may order the parent that is in breach to:

  • attend a post separation parenting program;
  • compensate for time lost with a child as a result of the contravention;
  • enter into a bond;
  • pay all or some of the legal costs of the other party or parties;
  • pay compensation for reasonable expenses lost as a result of the contravention;
  • participate in community service;
  • pay a fine;
  • a sentence of imprisonment.

If you would like advice on Parenting Orders, including how to apply for them or how to deal with a contravention of an existing Parenting Order, speak with our solicitors today. For legal assistance, complete the Contact Form or send us an email.


Child Support


A carer of a child is entitled to child support under the Child Support (Assessment) Act from the other parent of the child. If there is doubt as to the parentage of the child, a DNA test can be ordered by the court depending on the circumstances.

Previously the Family Law Act was limited to married couples, however changes in 2009 saw the definition of step-parent extended to include de facto partners. Definitions were also expanded to include children of parents in same-sex relationships.

From 1 July 2009, same-sex parents who separate are able to seek child support. The law was changed in 2009 so that non-biological parents in same-sex and different-sex de facto relationships could be legally recognised as parents if: there is an ‘artificial insemination procedure’; they are 'the other intended parent' in a consensual artificial insemination procedure; all parties gave consent to the procedure.

A non-biological de facto partner who treats a child as a member of their family, can be liable for child support under an administrative assessment, if the couple separates.

All couples (heterosexual parents, gay parents, de facto or married) may arrange their own child support independent of the Child Support Agency, or may apply to the agency for an assessment.

If you have any questions regarding Child Support entitlements, contact our solicitors for expert advice.


Adelaide Family Law Solicitors


Our specialist family law solicitors are committed to providing high quality, cost effective legal advice and representation in all aspects of family law.

Obligation-free legal advice is available over the phone. If you would like assistance on any aspect of family law, just complete the online contact form or send an email and a solicitor will be in touch as soon as possible.