Divorce & Family Law

In our experience clients needing advice on general Divorce Law, Family Law, De Facto Law and same sex relationships issues require their solicitors to not only have the requisite knowledge of these areas of the law but also the skills to negotiate outcomes on their behalf.

We have been involved in these areas of the law for over 37 years. The experience of our solicitors in these legal areas, enables us to assist you in achieving the best solution to your problems.

Our solicitors help you own the outcome of your problems by involving you in the process to the extent you wish.

We endeavour to assist parties to a marriage breakdown, sort out the division of their property in a conciliatory manner while, at the same time, ensuring that our client receives the proportion of the family assets to which he or she is entitled.

Divorce

If there are no children to a marriage, a divorce is generally straightforward. However, if children are involved, the Court needs to be satisfied as to their welfare.

Twelve months separation on the basis of irretrievable breakdown of marriage is the only ground for divorce. Sometimes separation takes place under the one roof or for varying periods before a final separation occurs and you may need to seek legal advice to be sure your Application for Divorce is completed correctly, particularly if the separation is not amicable.

Property

Our solicitors can advise you of the way in which the Family Court looks at determining who is entitled to what share of the assets.

Superannuation is taken into account when dividing the assets of the parties. Sometimes valuing superannuation is a complicated process. We can advise you of how superannuation is considered in the division of assets.

Financial agreements including prenuptial agreements have assumed greater importance over recent years. However, they require very careful consideration of your objectives and sometimes the taxation consequences of the proposed arrangements.

Our background and experience in financial planning issues enables us to provide advice to ensure you do not suffer unintended consequences by proposals in such agreements.

It is always important to revisit the terms of your Will or ensure that you have a Will after a relationship breakdown. Our solicitors can complement our financial and estate planning advice by the drafting your new Will.

Children

The welfare of children in relationship breakdowns should be paramount.

Our solicitors will explain to you the application of legislation introduced in 2006 providing for ‘equal shared parental responsibility’ and the misconceptions surrounding that legislation. We will advise you as to the avenues available to ensure the children’s welfare is looked after following a marriage or a breakdown of other relationships and the matters taken into account when determining where children live and with whom they spend time.

Family and children’s counselling opportunities will be discussed and we are able to direct you to organisations to provide assistance in this area.

The procedures as established by the Family Law Act will be fully explained and our advice will arm you with the knowledge necessary for you to make informed decisions.

De Facto and Domestic Relationships

The division of assets after a breakdown in de facto and similar relationships require an evaluation of the law, which is currently slightly different to that relevant to a marriage breakdown. While there are a few differences, they are significant. Currently there is a proposal before some parliaments in Australia whereby the Commonwealth Government will assume the jurisdiction of resolving property disputes in relationships other than marriage.

Our solicitors can provide you with advice on the law and possible solutions.

As with prenuptial agreements, cohabitation agreements between de facto partners are also becoming more popular. Our lawyers can advise you as to the advantages and disadvantages of entering into these agreements.

It is always important to make sure that your Will is updated whenever you enter into a new relationship or when a relationship breaks down. With our financial planning experience we can draft your Will to take account of any agreement you have entered into.

Family Law Links

Family Court
Family Court Fees
Family Court Legislation
Family Court Publicatons
Northern Beaches Counselling & Mediation
Relationships Australia

Family Disputes Resolution Register

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