Family Law
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Filing for divorce is an important step in formally ending a marriage. In Australia, divorce is a "no-fault" process, meaning the only requirement is to prove that the marriage has irretrievably broken down, evidenced by at least 12 months of separation.
At our firm, we assist with:
Preparing Divorce Applications: Ensuring all necessary documentation is complete and accurate, whether applying individually or jointly.
Responding to Divorce Applications: Providing advice and representation if you have been served with a divorce application.
Court Representation: Attending hearings if required, such as when children under 18 are involved or if there is a dispute.
Advice on Related Matters: Clarifying how divorce impacts property settlements, parenting arrangements, and spousal maintenance.
Special Circumstances: Assisting in cases where separation under the same roof or short-term marriages require additional evidence or counseling.
We aim to simplify the process for you, ensuring compliance with legal requirements while minimizing stress during this challenging time.
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Property settlements involve dividing assets, liabilities, and financial resources between separating parties, ensuring a fair and equitable outcome. In Australia, property settlements consider contributions made by each party and their future needs, with the goal of achieving a resolution that is just and equitable under the Family Law Act 1975.
At our firm, we assist with:
Negotiating Property Settlements: Helping you reach agreements through direct negotiation, mediation, or other dispute resolution methods to avoid court intervention.
Valuation and Disclosure: Ensuring full financial disclosure and assisting with the accurate valuation of assets, liabilities, and financial resources.
Consent Orders: Preparing and formalizing agreements through Consent Orders to make them legally binding and enforceable.
Court Representation: Representing clients in court where disputes cannot be resolved amicably.
Superannuation Splitting: Advising on and facilitating the division of superannuation entitlements as part of the settlement.
Complex Financial Arrangements: Assisting with settlements involving trusts, businesses, or investment properties.
Protecting Your Interests: Ensuring your rights are upheld and advocating for a fair outcome that considers your contributions and future needs.
We understand the importance of achieving a resolution that provides financial stability and clarity, enabling you to move forward with confidence.
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Child arrangements are a critical aspect of family law, ensuring that the best interests of the children are prioritised following a separation or divorce. These arrangements determine parenting responsibilities, including where the children will live, the time they will spend with each parent, and how major decisions about their welfare will be made.
At our firm, we assist with:
Parenting Plans: Drafting and formalizing mutually agreed arrangements for parenting responsibilities, living arrangements, and visitation schedules.
Consent Orders: Preparing and submitting agreements to the court for approval, making them legally binding and enforceable.
Dispute Resolution: Facilitating mediation and negotiations to resolve disagreements amicably without court intervention.
Court Applications: Representing you in court to seek parenting orders when agreements cannot be reached, including orders for custody, shared parental responsibility, and specific issues like schooling or medical care.
Relocation and Travel Disputes: Providing advice and representation in cases involving interstate or international relocation and travel arrangements for children.
Grandparents and Third-Party Rights: Assisting non-parent caregivers in securing contact or custody arrangements where appropriate.
Urgent Applications: Addressing urgent matters, including recovery orders for children or restraining orders to ensure their safety.
We are committed to helping you navigate these sensitive issues with care and professionalism, always prioritizing the best interests of your children and working towards practical, sustainable solutions.
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Financial Agreements are legally binding contracts that outline how assets, liabilities, and financial matters will be handled during or after a relationship. They provide clarity and security for both parties, reducing the risk of disputes and avoiding court proceedings. Financial Agreements can be made by couples at various stages of their relationship, including pre-nuptial, during the relationship, or after separation.
At our firm, we assist with:
Drafting Financial Agreements: Preparing tailored agreements that clearly define the division of assets, financial resources, and liabilities.
Reviewing Financial Agreements: Ensuring existing agreements are legally sound and aligned with your intentions.
Independent Legal Advice: Providing the required legal advice to ensure the agreement complies with the Family Law Act 1975 and is enforceable.
Pre-Nuptial and Post-Nuptial Agreements: Securing your financial interests before or during a marriage or de facto relationship.
Separation and Post-Separation Agreements: Formalizing arrangements for property division and spousal maintenance after a relationship ends.
Enforcement or Challenging Agreements: Assisting with disputes involving the enforcement or validity of financial agreements.
Financial Agreements are powerful tools to protect your financial future, offering flexibility and certainty in managing assets and liabilities. Let us guide you through the process with precision and care.
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When disputes cannot be resolved amicably or through alternative dispute resolution, applying to the court may be necessary to protect your rights and achieve a fair outcome. Court applications are a formal step in seeking orders related to parenting arrangements, property division, or other family law matters under the Family Law Act 1975.
At our firm, we assist with:
Parenting Orders: Applying to the court to establish or enforce arrangements for the care and custody of children, ensuring their best interests are prioritized.
Property and Financial Orders: Seeking orders for the division of assets, liabilities, and financial resources when an agreement cannot be reached.
Spousal Maintenance Applications: Filing or responding to claims for financial support after separation or divorce.
Urgent and Interim Orders: Assisting with urgent applications to address immediate needs, such as recovery orders for children or injunctions to protect assets.
Contravention Applications: Representing clients in cases where court orders have been breached, ensuring compliance and accountability.
Divorce Applications: Filing and finalizing divorce proceedings, including attending court if required.
Representation in Family Court or Federal Circuit and Family Court of Australia: Providing skilled advocacy and representation throughout all stages of court proceedings.
Our experienced team guides you through the complexities of the court process with professionalism and care, always working towards achieving the best possible outcome for your case.
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Parenting Plans and Consent Orders provide structured and enforceable arrangements for the care of children after a separation or divorce. These agreements prioritize the best interests of the children and help reduce conflict between parents by clearly outlining responsibilities and expectations.
At our firm, we assist with:
Parenting Plans:
Drafting flexible and practical parenting plans tailored to your family’s needs, covering arrangements such as where children will live, visitation schedules, and decision-making responsibilities.
Facilitating discussions and negotiations to reach an agreement that works for both parents while prioritizing the children's welfare.
Consent Orders:
Preparing and filing Consent Orders with the court to formalize parenting arrangements, making them legally binding and enforceable.
Advising on the advantages and legal implications of Consent Orders to ensure they align with your long-term goals.
Assisting with modifications to existing Consent Orders where circumstances have significantly changed.
Both Parenting Plans and Consent Orders offer clarity and stability, ensuring that parenting arrangements are sustainable and in the best interests of the children. Let us guide you through this process with care and professionalism to create agreements that foster a positive co-parenting environment.
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Domestic Violence Intervention Orders (IVO) are legal protections designed to ensure the safety of individuals who experience family violence, harassment, or threats. These orders restrict the behavior of the respondent (the person against whom the order is made) to prevent further harm.
At our firm, we assist with:
Applying for an Intervention Order:
Advising on your rights and helping you prepare and file an application for a Family Violence or Personal Safety Intervention Order.
Representing you in court to ensure the necessary protections are in place.
Responding to an Intervention Order:
Providing legal representation if you have been served with an Intervention Order application.
Advising on how to comply with or contest the order, ensuring your rights are protected.
Breach of Intervention Orders:
Assisting with legal action in the event of a breach of an existing order, ensuring appropriate enforcement measures are taken.
Urgent and Interim Orders:
Applying for urgent or interim orders to provide immediate protection while a court hearing is pending.
Counseling and Support Referrals:
Connecting you with support services to assist with the emotional and practical aspects of family violence.
Our priority is to ensure your safety and provide you with clear, compassionate guidance during this challenging time, whether you are applying for or responding to an Intervention Order.
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De facto relationships are recognized under the Family Law Act 1975, and parties in such relationships have similar rights and obligations as married couples when it comes to property division, financial support, and parenting arrangements upon separation.
At our firm, we assist with:
Property Settlements:
Advising on the division of property, financial resources, and liabilities following the breakdown of a de facto relationship.
Negotiating fair settlements or representing you in court where agreements cannot be reached.
Parenting Arrangements:
Assisting with the creation of parenting plans or applying for parenting orders to secure arrangements in the best interests of the children.
Financial Agreements:
Preparing or reviewing Binding Financial Agreements (BFAs) to manage financial matters during the relationship or upon separation.
Eligibility for Claims:
Determining if your de facto relationship meets the legal requirements to bring a claim under the Family Law Act 1975. Factors considered include the length of the relationship, shared property, and whether there are children.
Spousal Maintenance:
Advising on eligibility for financial support if one party cannot meet their reasonable living expenses after separation.
Dispute Resolution:
Facilitating mediation and other methods to resolve disputes amicably without resorting to litigation.
Court Applications:
Representing you in court for property or parenting matters if an agreement cannot be reached.
De facto relationship matters can be complex and emotionally challenging. Our experienced team is here to provide clear guidance and support, ensuring your rights are protected and your interests are upheld.
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Grandparents and third parties, such as extended family members or close family friends, play a significant role in the lives of children. Under the Family Law Act 1975, grandparents and third parties can seek orders to maintain relationships with children or even take on primary care responsibilities when it is in the child’s best interests.
At our firm, we assist with:
Maintaining Contact:
Advising grandparents and third parties on their rights to seek contact or visitation with children when these relationships have been restricted or disrupted.
Parenting Orders:
Assisting with applications for parenting orders to secure regular contact or care arrangements, ensuring they reflect the child’s welfare and needs.
Primary Care Applications:
Representing clients in cases where they seek to assume primary caregiving responsibilities, such as in situations where the parents are unable to care for the children.
Dispute Resolution:
Facilitating mediation and negotiations to resolve disputes amicably and avoid court proceedings where possible.
Court Representation:
Representing clients in court to advocate for their role in the child’s life and ensure the child’s best interests are upheld.
Advising on Best Interests of the Child:
Providing clear guidance on how the court assesses a child’s best interests, including considerations of the existing relationship, emotional connections, and the impact of maintaining or removing contact.
Grandparents and third parties often face unique challenges when seeking to maintain or establish relationships with children. Our team is committed to supporting you through this process, ensuring your rights and the child’s well-being are at the forefront of every decision.
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When court orders regarding parenting arrangements, property division, or financial matters are breached, legal remedies are available to enforce compliance. Ensuring court orders are followed is crucial to protecting your rights and maintaining the integrity of legal agreements.
At our firm, we assist with:
Parenting Orders Enforcement:
Representing clients in contravention applications when parenting orders are not being followed, such as failure to facilitate time with children or non-compliance with decision-making arrangements.
Advising on appropriate remedies, including compensatory time, fines, or other penalties for breaches.
Property Orders Enforcement:
Assisting with enforcement of property settlement orders, such as transferring property, selling assets, or distributing funds as directed by the court.
Financial Orders Enforcement:
Representing clients in recovering unpaid spousal maintenance, child support, or financial obligations under court orders.
Dispute Resolution:
Attempting to resolve breaches through negotiation or mediation before resorting to court proceedings, where appropriate.
Urgent Applications:
Filing urgent applications for immediate enforcement, such as recovery orders for children or injunctions to prevent dissipation of assets.
Defending Allegations of Breach:
Providing representation for individuals accused of contravening court orders, ensuring their side of the matter is fairly heard.
Breaching court orders can have serious consequences, and our experienced team is here to guide you through the enforcement process efficiently and effectively, ensuring the orders are upheld and your rights are protected.
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Family mediation and dispute resolution offer an alternative to court proceedings by helping parties resolve disputes amicably and efficiently. These methods are often faster, less stressful, and more cost-effective than litigation, allowing families to maintain control over the outcome of their matters.
At our firm, we assist with:
Mediation Services:
Facilitating structured discussions between parties to resolve disputes regarding parenting arrangements, property division, and financial matters.
Ensuring that agreements reached during mediation prioritize the best interests of any children involved.
Family Dispute Resolution (FDR):
Assisting clients with legally required Family Dispute Resolution for parenting matters before court proceedings can commence.
Providing guidance on the FDR process, including preparing for sessions and drafting outcomes.
Mediation and dispute resolution aim to reduce conflict, protect relationships, and provide practical solutions tailored to your family’s unique circumstances. Our team is dedicated to guiding you through these processes with professionalism and care.
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A Binding Child Support Agreement (BCSA) is a legally enforceable document that allows parents to formalise child support arrangements outside of the standard formula set by Services Australia. This agreement enables flexibility, allowing parents to agree on amounts that differ from the assessed amount, provided both parties obtain independent legal advice before signing.
At our firm, we assist with:
Drafting Binding Child Support Agreements tailored to your specific circumstances.
Reviewing existing agreements to ensure they align with your needs and legal requirements.
Providing independent legal advice required to validate the agreement under the Child Support (Assessment) Act 1989.
Resolving disputes related to child support payments or terms of the agreement.
Whether you need to formalize new arrangements or modify existing ones, we ensure the process is clear, fair, and legally compliant, prioritising the best interests of your child.
Please contact us to enquire about any other Family Law related legal services we may also offer.