Resources Guide for Navigating Separations, Legal Fees and Family Law Challenges
We understand that the process of separation can be daunting, complex, expensive and very stressful. Sadly many of our clients also suffer from domestic violence and feel trapped trying to juggle bills and parenting responsibilities, and are unsure of where to go or how to get help. If you are struggling to afford legal fees and family law challenges; don’t have a regular income; have been turned down by the bank for a personal loan or feel trapped in a bad relationship, you are not alone! There are government services that provide free legal advice and support. See below for a list of contacts. JustFund also provides flexible funding solutions for paying ongoing legal expenses including mediation and court costs – there are no out of pocket expenses since you repay the loan at the end of your settlement. Please contact us to see if you are eligible or talk to your family lawyer. Here is a shortlist of some useful resources and services for your reference. Crisis Support Services: There are a variety of free services available where you can seek guidance and support around Australia. Here is a summary of some key services that may be able to help on legal fees and family law challenges you or refer you to more suitable service providers. If you are in immediate danger, call 000 1800RESPECT: 24/7 national sexual assault, domestic and family violence counselling service. Phone: 1800 737 732. Lifeline: 24/7 crisis support and suicide prevention service. Phone: 13 11 14 Family Violence Law Advice: www.familyviolencelaw.gov.au Family Violence Law 24/7 Crisis line: 1800 737 732 Family Relationship Advice Line – 1800 050 321 or www.familyrelationships.gov.au Act for Kids – (07) 4847 0550 or https://www.actforkids.com.au Women’s Legal Services Australia: Women’s Legal Services Website Immigrant Women’s Support Services https://iwss.org.au/information-in-your-language-dv/ Kids therapy and Support Act for Kids provides evidence-led therapy and support services for legal fees and family law challenges for children and their families who have experienced or are at risk of experiencing harm. Act for Kids aims to keep children safe, heal from trauma and develop to live happy lives. Visit their website at https://www.actforkids.com.au or call (07) 4847 0550. Divorce Checklist: A useful guide from one of our accredited partner firms By Shanahan Family Law Family Violence Law Help and Information Learn about your rights and the law in Australia, and how to get help. Tel: 24/7 Crisis line: 1800 737 732 or visit familyviolence.gov.au Ten Step Guide on Getting Divorced in Australia Resources Guide for Women suffering from Domestic Violences, by JustFund White Ribbon Australia – Mens and women’s Helplines Understanding Coercive Control? Coercive control can be used in any type of relationship. It can happen when people are casually dating, in a serious relationship or separated. The abusive person could also be a family member, co-resident or someone who provides care. Coercive control is wrong in any relationship, but it is a criminal offense in NSW when a person uses these behaviors towards a current or former intimate partner. Learn more about legal fees and family law challenges here and what to do about it. What is the cost of separation or divorce in Australia? According to Money Magazine, if your matter goes to court the average cost is between $50,000 and $100,000 and it can take up to 3 years. Find out more about managing your legal fees and family law challenges and payment options here. What is the best way to discuss the cost of legal fees with your lawyer? Approaching a family lawyer about options for payment of legal fees can be a sensitive but important conversation, especially if you’re concerned about the costs involved. Here’s a step-by-step guide on how to handle this discussion. Need Legal assistance but struggling to afford the legal fees – you may qualify for free advice here: Legal Aid New South Wales Law Access New South Wales Community Legal Centres in New South Wales Law Society of New South Wales Pro Bono Scheme New South Wales Bar Association Legal Assistance Referral Scheme Justice Connect
10 Step Guide to Getting Divorced in Australia
We have put together a basic guide to key things to know when considering a divorced in Australia or separation. 1. Understanding Divorced in Australia No-Fault Divorce: Australia operates on a “no-fault” divorce system, meaning that the only ground for divorced in Australia is the irretrievable breakdown of the marriage, demonstrated by 12 months of separation. Eligibility: You or your spouse must be an Australian citizen, resident, or regard Australia as your permanent home to apply for a divorce. 2. Legal Requirements Separation Period: Couples must be separated for at least 12 months before applying for a divorce. You can still live under the same roof during this period, but you’ll need to prove separation. Marriage Certificate You’ll need to provide a copy of your marriage certificate. If it’s in a language other than English, it must be translated by an accredited translator. 3. The Divorce Process Filing for Divorce: Sole Application: One spouse applies for the divorce. Joint Application: Both spouses apply together. Filing Online: The divorced in Australia application is typically filed online via the Commonwealth Courts Portal. Fees: A filing fee applies, but fee reductions are available for those with financial hardship or government concession cards. 4. Legal Support Legal Aid: Legal Aid commissions in each state and territory offer assistance for those who qualify. Community Legal Centres: Free legal advice is available at various community legal centres. Private Lawyers: Consider hiring a family lawyer if your case is complex, especially with matters involving children, property, or spousal maintenance 5. Financial and Property Settlements Property Division: Property must be divided fairly, though not necessarily equally. Agreements can be formalized through consent orders or binding financial agreements. Spousal Maintenance: In certain circumstances, one spouse may be required to support the other financially after separation. 6. Children and Parenting Arrangements Parenting Plans: These are informal agreements between parents about the care of their children. Consent Orders: These are legally binding agreements approved by the court. Family Dispute Resolution (FDR): Required before applying to court for parenting orders, unless exempted. FDR services are offered by various providers, including Relationships Australia. 7. Emotional and Practical Support Counseling Services: Various organisations offer counseling to help individuals and families cope with the emotional aspects of divorce. Support Groups: Groups like Relationships Australia and Lifeline provide support services. Financial Counseling: Services like the National Debt Helpline offer free financial advice for those struggling post-separation. 8. Domestic Violence Resources Immediate Help: Contact 000 if you’re in danger. Support Services: Services like 1800RESPECT offer counseling and support for those experiencing domestic violence. Legal Protections: Apply for an Apprehended Domestic Violence Order (ADVO) if necessary. 9. Post-Divorce Considerations Updating Legal Documents: Update your will, power of attorney, and other legal documents. Name Change: You may wish to revert to your maiden name or a previous name. This can be done via the Registry of Births, Deaths, and Marriages. 10. Useful Resources Family Court of Australia: Family Court Website Federal Circuit and Family Court of Australia: Court Portal Legal Aid: Legal Aid Directory Relationships Australia: Relationships Australia Information & help on domestic violence, and co-ercive control 1800RESPECT: 1800RESPECT
Resources Guide for Women Suffering from Domestic Violence in Australia
This guide provides an overview of some of the resources available for women suffering from domestic violence in Australia, helping them access the support they need for immediate safety, legal protection, counseling, and long-term recovery. 1. Immediate Safety and Emergency Support Emergency Services Dial 000 for immediate assistance if you or someone else is in danger. Crisis Support Services: 1800RESPECT : 24/7 national sexual assault, domestic and family violence counselling service. Phone: 1800 737 732. Lifeline : 24/7 crisis support and suicide prevention service. Phone: 13 11 14. Safe Housing and Shelters: Women’s Refuge Services: Contact local women’s shelters for emergency accommodation. DVConnect (Queensland): 24/7 crisis support, including emergency accommodation. Phone: 1800 811 811. Domestic Violence Crisis Service (ACT): 24/7 crisis support, including emergency accommodation. Phone: 1800 811 811. Safe Steps (Victoria): 24/7 family violence response centre. Phone: 1800 015 188. 2. Legal Protections and Support for Domestic Violence in Australia Apprehended Domestic Violence Orders (ADVO): A legal order designed to protect individuals from further violence. Contact the local police or a lawyer for assistance for domestic violence in Australia. Legal Aid: Legal Aid Commissions: Each state and territory has a Legal Aid commission offering free legal advice and representation for eligible individuals of domestic violence in Australia. Women’s Legal Services: Specialised legal services providing advice and representation in domestic violence matters. Women’s Legal Service NSW: Phone: 1800 801 501. Women’s Legal Service Victoria: Phone: 1800 133 302. Community Legal Centres (CLCs): Free legal services available to those facing domestic violence in Australia. 3.Counseling and Emotional Support Counseling Services: 1800RESPECT: Offers counselling for domestic violence and sexual assault. Relationships Australia: Provides counseling and support services for individuals and families. Beyond Blue: Mental health support for those affected by domestic violence. Phone: 1300 22 4636. Support Groups: Domestic Violence Support Groups: Local community organisations and women’s centers often run support groups. Women’s Health Centres: Offer counseling and group support specifically for women. 4. Financial Assistance and Practical Support Centrelink Crisis Payments:Available to those experiencing domestic violence. Visit your local Centrelink office or call 132 850 for more information. Financial Counselling: National Debt Helpline: Provides free financial counselling. Phone: 1800 007 007. Good Shepherd Australia New Zealand: Offers financial advice and microfinance options for women. Employment Support: Workplace Rights: Women affected by domestic violence have certain rights in the workplace, including access to paid or unpaid leave. JobActive: Provides employment services for those needing to re-enter the workforce. 5. Support for Children Child Protection Services: Contact your state or territory’s child protection agency if children are at risk. Children’s Counselling: Kids Helpline: Free, confidential counselling service for young people aged 5-25. Phone: 1800 55 1800. Bravehearts: Specialises in counselling and support for children affected by violence. Phone: 1800 272 831. Parenting Support: Relationships Australia: Offers parenting advice and support services. Family Relationship Advice Line: Information and advice on parenting arrangements and child safety. Phone: 1800 050 321. 6. Multicultural and Indigenous Support Culturally Specific Services: InTouch Multicultural Centre Against Family Violence:Provides services to women from multicultural backgrounds. Phone: 1800 755 988. Immigrant Women’s Support Service (IWSS) (QLD): Specialised support for immigrant and refugee women. Phone: (07) 3846 3490. Indigenous Support Services: Family Violence Prevention Legal Services: Specialised legal and support services for Indigenous women. Aboriginal Family Domestic Violence Hotline (NSW):Phone: 1800 019 123. 7. Long-Term Support and Recovery Housing Assistance: Public Housing:Contact your state or territory’s housing department for assistance. Transitional Housing:Many women’s services offer transitional housing to support long-term recovery. Education and Training: TAFE and Adult Learning Centres:Offer courses and training programs to help women rebuild their lives. Scholarships and Grants:Some organisations offer financial assistance for women affected by domestic violence to pursue education or training. 8. Important Contacts and Resources 1800RESPECT: 1800RESPECT Website Safe Steps: Safe Steps Website Lifeline: Lifeline Website Women’s Legal Services Australia: Women’s Legal Services Website
