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Family law


Peninsula Law can assist you with all aspects of Family and De Facto law covering issues arising prior to cohabitation, during your relationship or after separation.

We understand that separating is difficult and that family law disputes are stressful. Our solicitors can advise you of your rights and help you arrange a fair and reasonable distribution of all assets and liabilities, including property, superannuation, investments, mortgages and loans. We can also assist you with putting in place parenting arrangements, in the best interests of your children.

The solicitors at Peninsula Law are widely experienced in all areas of family law. Please contact our office for any questions related to your family law issues.

  • Divorce
  • Parenting Arrangements
  • Distribution of Property
  • Binding Financial Agreements
  • Parenting Plans
  • Consent Orders
  • Domestic Violence
  • Child Support Agreements
  • De facto relationships
  • Spousal maintenance
  • Children's passport and travel applications/disputes


What is a Parenting Order?

A Parenting Order is an Order made by the Court that relates to any of the following issues:

  • Allocation of parental responsibility in relation to the children, whether that is sole or joint responsibility
  • Which parent the children are to live with (known as custody)
  • Which parent the children are to spend time with (known as access)
  • Other matters related to the care, welfare and development of the children, or any other aspect of parental responsibility for the children.

When a Parenting Order is made, it is a legal requirement that parties follow the Order.

How does a Court determine who the child shall live with/spend time with?

In determining which parent a child shall live with (known as custody) and how much time a child shall spend with the other parent (known as access), the Court will take into consideration ‘the best interests of the child’.

The factors in determining what is in the best interests of a child are set out in the Family Law Act 1975 .

What is spousal maintenance?

Spousal maintenance is a payment made by one spouse to the other in a situation where the Court considers the receiving spouse is unable to support themselves ‘adequately’ following separation.

In determining the level of spousal maintenance to be paid, the Court will consider whether the paying spouse has the capacity to support the receiving spouse, the extent of support required to have an ‘adequate’ standard of living and the length of time that support would required. Matters related to spousal maintenance are set out in Section 75(2) of the Family Law Act 1975.