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Family Law

The end of marriage or de facto relationship can often be unexpected, emotional and difficult and can leave you feeling helpless, overwhelmed, fearful and alone.

If you have separated recently, you and your former partner will need to make some decisions about practical issues concerning your children and/or your assets like property and debts.

Process, expectations and the law

For many this is the first time that they have come face to face with the court system and they are unfamiliar with the process, expectations and the law. It is therefore incredibly important that you speak with an experienced family law solicitor early in the separation process.

Our empathetic and understanding approach gives you more support and helps you to proactively navigate this period in your life, while acknowledging the emotional and physical issues which separation may bring. We will also provide you with honest and transparent advice as to your expectations of the system.

Family law is about more than separation. It’s about finding a path through the separation process that recognises and supports your best interests. If there are children of the relationship, their interests must be paramount.

Where matters can be resolved via alternative dispute resolution such as mediation and negotiation, this can save you significant time and money. If your dispute does proceed to court, our experienced team will guide you through the process in both the Family Court and Federal Circuit Court of Australia.

Our broader team are also specialised in many areas which could have an effect on your matter, including property law, conveyancing, wills and estates, business law, commercial law and insolvency. Our experience in advising on wills and estates and its relevance to family law can help to protect your assets. Whatever your situation, our family law team can advise you on your rights, assist you to negotiate and make sure you are in the best possible position.

Property settlements

When you separate, you must decide how to split your assets. This can be formalised via Family Law Consent Orders or a Binding Financial Agreement.

To ensure a fair division of assets, talk to our expert family lawyers. They’ll help you understand what is and isn’t considered an asset of the marriage, how unpaid contributions are valued and what rights you have.

Although settlement is the preferred and recommended option, this may not be possible. If your matter requires court action, our expert family lawyers have over 16 years of experience in litigation and know how to make the process work for you and your children resulting in a quick and early resolution.

Our family law team are supported by experienced commercial lawyers who can assist with complicated property matters, including asset tracing and providing advice on arrangements involving partnerships, superannuation, companies and trusts.

Parenting

Parenting and child arrangements can be tricky to navigate and emotional for all involved. We’ll listen to you and work with you to forge a path that is in the best interests of your children. If necessary, that might involve mediation or applying to the court for a formalised Parenting Plan or Court Order. We will explain how parenting arrangements can be approached, and the terminology involved so that you can make the right decisions for your family.

Usually the first step requires that you and your former partner attend mediation with an approved agency such as Relationships Australia, Unifam or Catholic care or private mediation.

Some parenting matters can involve relocation cases, these applications may require urgent work and special skill. We can assist with these cases.

In unfortunate situations where children are removed from the Commonwealth of Australia unlawfully and taken to a country which is signatory to the Hague Convention on the Civil Aspects of International Child Abduction, an urgent application must be made to the court for their recovery. We can assist with these applications.

Child support and spouse maintenance

Child support ensures that your children get the financial support they need now and into the future. You can reach a private agreement, receive court orders or ask the government to make and administer a child support assessment. You may also be entitled to spouse maintenance if you are unable to support yourself and your partner has the capacity to do so.

Child support

We can also negotiate child support agreements that may be beneficial for you and your children, which will over-ride the child support assessments and can be lodged with the relevant agency. These will often involve matters which child support does not ordinarily cover such as schooling, extra-curricular activities and medical.

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