Issues to do with your relationships and family can be legal problems, even when we don't think of them as legal.
Victorian Law Week is a time to learn what to do when the law meets your life, where to get help and find out more about the law.
See below some issues that may arise in your relationships, relevant Victorian Law Week events, and where you can go for help.
Wills can be a hot topic of tension within a family before and after someone passes away. It’s important to know how to make a Will and how they are executed when someone passes to ensure that their wishes are respected.
A Will is a written document that sets out what you want to happen to your property (your ‘estate’) after you die. It gives instructions to the person or organisation on how to distribute your property, assets, rights and other matters such as guardianship of any children you have.
Wills, including making, changing, executing or challenging a Will, can be a complicated process. Victoria Legal Aid offers more detailed information about wills.
At some point in your life, you may be faced with an event such as an accident or illness that may leave you unable to make important decisions. This could be about where you live, how to spend your money, or what support services you may need.
Power of attorney is a process that allows you to choose who can make these decisions when you are unable to. It is a legal document that identifies the person or persons you want to make these decisions.
Choosing a power of attorney is important for people of all ages to make sure that whatever happens, you will have someone you trust to make decisions for you when you can’t. Without a power of attorney, it could lead to conflict in your family on who makes decisions or the appointment of a guardian by the Victorian Civil and Administrative Tribunal (VCAT).
Separation is when you and your partner stop living together in a domestic or marriage-like relationship.
Your partner does not have to agree to the separation, however, they need to know that you think the relationship is over. There are no legal processes to become separated.
Separation can become a legal issue when children, property or other shared belongings are involved. It is best to try and sort these things out together or use family dispute resolution. This will be much cheaper, quicker, and less stressful than going to court.
If you cannot agree on arrangements about property or children, you may end up going to court. The court can make decisions about parenting orders and division of property. They can offer help, information and referral services. Go to the Federal Circuit and Family Court of Australia website for more information.
Everyone should feel safe in any relationship. Nobody has the right to hurt, threaten, harass or intimidate you. This includes people in your family, as well as people you treat like family or have had an intimate personal relationship with.
Family violence, sometimes called domestic violence or intimate partner violence, is when someone makes their ‘family member’ unsafe or feel unsafe. Family violence is also behaviour that makes someone fear for their safety, or the safety of their things, other family members or pets. It can start with small things and get worse over time. It does not mean that bad things are happening all the time.
Family violence can include acts of:
If you are experiencing family violence in your relationships, there are services available for people who need support to leave, or have left, a violent relationship. If you are experiencing family violence and the situation is urgent do not wait, contact the police on ‘000’.
To give consent is when you freely and voluntarily agree to something. This means that you were not pressured or threatened to agree to something, or were not given a choice at all.
Most legal issues intersecting with consent are about sex. The law sets clear age limits for having sex. The age limits are designed to protect young people from being taken advantage of by older people.
As well as age limits, the law says that two people can’t have sex unless they both freely and voluntarily agree (consent). If you don’t freely and voluntarily agree and someone threatens you to engage in a sexual act or touches you sexually or indecently, they are breaking the law.
Sexual offences include rape, incest and sexual assault against both adults and children.
It may also be a sexual offence if:
If you have been sexually assaulted or fear for your safety and the situation is urgent, do not wait to report it. You can contact the police on ‘000’.
If you or a person you know may be experiencing a legal problem, help is available. Getting started can be difficult, but here’s some small steps to begin.
There are legal assistance resources and services for wills and powers of attorney.
The Office of the Public Advocate Advice Service provides information, advice and assistance about powers of attorney. The service is available during business hours and also accepts emergency enquiries at any time.
Seniors Rights Victoria provides information, support, advice and education to help prevent elder abuse and safeguard the rights, dignity and independence of older people.
Fitzroy Legal Service's Law Handbook has an example of a simple model Will and information about the things you might like to put in a Will. It is a guide only.
There are legal assistance resources and services for separation.
Victoria Legal Aid offers a family dispute resolution service that can help you come to arrangements without going to court.
Amica is a secure online platform that helps separating couples to make parenting arrangements divide money and property fairly, and create clear written agreements about your arrangements.
You can visit Family Relationships Online to find a family dispute resolution centre and other services that can help you reach agreement on your children.
Services Australia has information for families, separated parents and carers about their payments and services.
WIRE's information booklet, Leaving a relationship has information on your legal rights and options if are leaving a relationship. This includes parenting arrangements, finances, housing, court orders and getting help.
There are legal assistance resources and services for family violence.
If you are experiencing family violence and the situation is urgent do not wait, contact the police on ‘000’.
Victoria Legal Aid’s My safety tool can help you understand separation issues and help you plan for your safety when leaving a relationship.
For family violence, there are specialist legal centres that can help you if you are eligible:
There are legal assistance resources and services for consent.
If you have been sexually assaulted or fear for your safety and the situation is urgent, do not wait to report it. You can contact the police on ‘000’.
If you have been sexually assaulted in the last two weeks most Centres Against Sexual Assault can help you to see a counsellor/advocate immediately.
If your situation is not urgent, you can contact your local police station and ask to speak to someone from the Sexual Offences and Child Abuse Investigations Team in your area.
Sexual Assault Crisis Line is a confidential telephone counselling, information and referral phoneline. It is available 5.30 pm–9 am weeknights, and 24 hours on weekends and public holidays.
Contact Sexual Health Victoria for information about sex, sexual health, contraception and pregnancy.
You can find legal information and may be eligible for free legal advice from Victoria Legal Aid or from your local community legal centre
Otherwise, you can seek help from a private lawyer using the Find Your Lawyer Referral Service. All law firms included in the service provide a free 30-minute interview.
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