Family Law Service Overview
We understand that going through separation or divorce is an extremely stressful life event and one of the most emotional experiences anyone can face. At AH2 Legal, we are here to guide you through the entire process with clarity and compassion. The last thing you need is to feel overwhelmed by legal jargon and paperwork.
We are committed to resolving family disputes through negotiation and mediation wherever possible to minimise litigation costs and protect your assets.
Make Family Law Enquiry
Overview and Description of Property Settlements
At AH2 Legal, we often receive questions from clients about what they’re entitled to in terms of property after a separation or divorce. Many clients are unsure whether the contributions they made before or during the relationship—such as initial deposits, gifts, or financial support—count towards property that needs to be divided.
Under the Family Law Act, courts consider a range of factors when determining a fair property settlement:
- Identifying and valuing the asset pool – This includes all assets and liabilities, such as real estate, vehicles, superannuation, business interests, bank accounts, and debts, whether held jointly or individually.
- Assessing financial and non financial contributions – This includes direct financial contributions (like income and mortgage payments), indirect financial contributions (such as gifts or inheritances applied during the relationship), and non financial contributions (including homemaking, parenting, and domestic support).
- Considering current and future needs of each party – Factors include age, health, income earning capacity, parenting responsibilities, and financial resources such as family support or potential inheritance.
- Ensuring a just and equitable outcome – Courts must be satisfied that any proposed property division is fair.
These principles apply equally to both married and de-facto couples. It is important to note that the relevant financial circumstances are assessed at the time the final agreement or court application is made—not at the time of separation. For this reason, delaying settlement may lead to complications or unintended consequences, especially if one party acquires or disposes of assets post separation.
The Process
- Fixed-fee initial consultation.
- Assessment and strategy development based on your goals.
- Focus on negotiation and mediation to resolve disputes outside of court.
- If mediation fails, we manage all court proceedings including applications, document service, and affidavits.
- Continued communication and case review to ensure the best outcome.
Why Choose
AH2 Legal
- Tailored advice – every case is handled individually with fresh eyes.
- Broad experience – covering divorce, de-facto relationships, spousal maintenance, property, parenting, family violence, child support, and financial agreements.
- Transparent pricing – we offer reasonably priced, fixed-fee initial consultation.We provide accurate and regularly updated costs estimate.
- Client-focused – we genuinely care and strive for the best outcome.
- Multilingual – our team speaks English, Mandarin, and Cantonese, and we understand cultural sensitivities.
FAQs
To apply for a divorce in Australia, one or both spouses must be an Australian citizen, a permanent resident, or have lived in Australia for at least 12 months before applying. Additionally, the couple must have been separated for at least 12 months. This separation can include living under the same roof, as long as specific legal conditions are met to show the relationship has ended.
A de-facto relationship is assessed based on several criteria, including the length of the relationship, whether the couple lived together, the financial interdependence between them, joint ownership of property, and how the relationship was presented to others. The court looks at the overall nature of the relationship rather than any single factor.
Binding Financial Agreements (BFAs), also known as prenuptial or postnuptial agreements, are legally recognised in Australia if they meet strict legal requirements. The agreement must be in writing, signed voluntarily, and both parties must receive independent legal advice before signing. However, a BFA can be set aside by the court if it was signed under pressure, is unfair, or fails to meet legal standards.
Parenting arrangements are governed by the principle of equal shared parental responsibility, meaning both parents should be involved in major long-term decisions regarding their children’s welfare, such as health, education, and religious upbringing. The Family Law Act prioritises the child’s best interests as the main consideration in all parenting matters.
Child support is calculated by the Department of Human Services using a formula that considers both parents’ incomes, the percentage of care each parent provides, and the age of the child. Parents may also reach private agreements, but they must comply with legal guidelines to be enforceable.
Need Help?
If you find yourself having any legal issues and would like more information about how you should proceed, contact us now at 08 6161 0243 or submit an enquiry form below:
