Family Law

We know that family law matters can be daunting and overwhelming. Let us simplify and guide you through the process, helping you move forward in life.

Children Matters

Disputes related to children can be emotionally charged and stressful. That’s why we approach these matters with sensitivity and empathy, while providing clear and practical advice.

We can assist you in resolving children matters through various options, including by way of a parenting plan or consent orders.

Parenting Plans

A Parenting Plan is an agreement made between parties that sets out how the children will be cared for, including living arrangements, schooling, and contact with each parent.

Consent Orders

Consent Order are enforceable Court orders that set out the terms of the parenting arrangements. This process involves applying to the Court for an order to be made based on the agreed-upon terms.

Court Proceedings

In some cases, Court proceedings may be necessary to resolve disputes. We are well-versed in the family law Court system and can provide representation and guidance throughout the process.

Child Relocation

We can also assist with disputes over child relocation, including cases where one parent is seeking to relocate the child without the consent of the other parent. In these cases, we can provide representation in court proceedings to ensure that the best interests of the child are protected.

Property Settlements & Disputes

We can assist you in negotiating and drafting a property settlement agreement that meets your individual needs and goals, while ensuring that your rights are protected.

Settlement options include Consent Orders and Binding Financial Agreements (BFA).

Consent Orders

Consent Orders are agreements that are approved by the Court and are legally binding. They can cover a wide range of property settlement issues, including the division of assets, debts and superannuation.

Binding Financial Agreements

BFAs are binding agreements that are made between the parties and do not require approval by the Court. BFAs, also known as prenuptial agreements or postnuptial agreements, are legal agreements that set out how property and financial resources are to be divided in the event of separation or divorce.

Court Proceedings

In cases where disputes arise, we provide representation in Court. We strive to help our clients achieve a resolution that is fair and equitable, while minimising conflict and stress.

Divorce

In Australia, to apply for a divorce you must meet the following requirements:

1. Jurisdiction

Either you or your spouse must be an Australian citizen, live in Australia and intend to live in Australia indefinitely or consider Australia as your home.

2. Separation

You must have been separated for at least 12 months. This can include instances where you still living under the same roof, provided that you are no longer living as a couple.

3. Service

You must have notified your spouse of the divorce application by providing them with a copy of the application.

Marriage of less than 2 years

If you have been married for less than two years, you are also required to attend counselling with a family counsellor or psychologist, or attend a family dispute resolution conference to discuss the possibility of reconciliation and the welfare of any children of the marriage.

We will help you prepare and file the necessary documents, ensuring that the process is completed accurately and efficiently. We will also provide you with expert legal advice on any issues that may arise during the divorce proceedings, giving you the confidence and support you need to move forward.

Mediation

Mediation is a valuable tool for resolving family law disputes and can often lead to better outcomes for all parties involved.

Mediation can be a cost-effective and efficient way to resolve family law disputes, as it often takes less time and is less expensive than going to Court. Mediation also allows parties to have greater control over the outcome of their dispute, as the parties themselves make the decisions rather than a judge.

This process can be utilised to in a range of family law disputes, including property settlement, parenting arrangements, child support, and spousal maintenance.

Family Violence

Family violence intervention orders, also known as restraining orders or domestic violence orders, are legal orders that provide protection for victims of family violence. We understand the serious nature of family violence and the impact it can have on individuals and families.

We can assist you with all aspects of family violence intervention orders, including applying for an order, defending against an application, and varying or revoking an existing order.

If you are the victim of family violence or have been accused of family violence and are facing an intervention order application, it is important to seek legal advice from a qualified family law lawyer. We can provide expert advice and representation to help you navigate this sensitive area of law.

Spousal Maintenance

A spousal maintenance claim in family law involves a determination as to whether one spouse is entitled to receive financial support from the other spouse and, if so, how much and for how long.

To determine whether spousal maintenance is appropriate, the court will consider a range of factors, including:

• the financial resources and earning capacity of each spouse;
• the age and health of each spouse;
• the duration of the marriage or de facto relationship;
• the standard of living established during the marriage or de facto relationship
• the care of children under the age of 18; and
• any other relevant factors.

If the Court determines that one spouse is entitled to receive spousal maintenance, it will consider the appropriate amount and duration of the maintenance payments. This will involve considering the financial needs of the recipient spouse, the ability of the paying spouse to meet those needs, and any other relevant factors.

Spousal maintenance is not an automatic entitlement, and each case will be determined based on its individual circumstances. If you are considering pursuing spousal maintenance or are facing a spousal maintenance claim, contact our office to speak with one of our family lawyers today.