Our team has practised in family law for a significant period of time with a substantial portion of our firm focussing on Family Law. Our team is committed to resolving matters efficiently, compassionately and holistically. Whilst we are experienced litigators, our focus is to use our best endeavours to assist families move forwards towards resolution with as little avoidable dispute as possible. Our approach towards family and relationship disputes is one that incorporates working with experts in the field including accountants, financial advisors, psychologists and counsellors with a view to guiding families through an immensely emotional and challenging period in their lives. As a boutique full service firm we are able to provide our clients with focussed individual attention as well as advise them in relation to the impact that separations may have on their businesses and commercial endeavours.
1. Divorce & separation
2. Parenting arrangements,
3. parental responsibility and residence
4. De facto and spousal maintenance
5. Child support
6. Alternative Dispute Resolution (ADR)
7. Property and financial settlements including superannuation splitting
8. LGBTIQ family law matters
9. Complex family law disputes involving corporate entities and other family members such as grandparents
After separating for one year you are able to apply for a divorce to bring the marriage to an end. Applications for divorce are now done predominantly online using the Court portal. If you have young children and it is not a joint application, you or your lawyer, must attend Court on your behalf for the divorce application hearing.
Each family and each child are unique. The Court considers what would operate to the best interests of the child. Parenting arrangements may be quickly resolved and at other times take significant amounts of legal expense to resolve. Our practice is to consider the child’s needs first and foremost and advise you accordingly.
All financial resources, property, debt, superannuation entitlements and the like are included in an asset pool. The asset pool is calculated as at the date of the dispute. Arguments may be raised so as to quarantine an asset from the asset pool either based on how it was treated by the parties during the relationship or on the basis that it came into existence after separation and is unrelated to the relationship.
In relation to commencing proceedings for parenting orders, it is mandatory to attempt mediation before you are able to commence the action unless there are concerns in relation to family violence or there is urgency associated with the proceeding. Mediation is to assist parties to resolve a dispute in order to mitigate against the risk of acrimony that accompanies Court action. Once in the Court system, mediation is ordered in both parenting and property matters again to assist the parties to resolve a matter on terms that are within their control as opposed to an order being made and imposed.
The division of the assets is dependant on a plethora of factors which include financial contributions, non-financial contributions, future needs, homemaking contributions and parenting contributions. Each matter is assessed on a case by case basis as ultimately the outcome needs to be just and equitable. The decision of what is just and equitable is a discretionary one that each Judge needs to consider in his or her mind. As asset division is not a science, an experienced lawyer will be able to indicate a range within which a division would be considered just and equitable.
First and foremost you will need to raise issue with the other parent. In the event that the other parent will not consider any alternative arrangements then you will need to participate in Family Dispute Resolution which usually involves an attempt at mediation. If mediation fails then you will have little option but to seek legal help as there are other avenues available to assist you in reaching resolution before being forced into litigatio
Spousal maintenance is financial support paid to a dependent spouse either periodically or on a lump sum basis. Spousal maintenance requires the dependant spouse to have a demonstrable financial need for support and the non-dependant spouse to have a demonstrable financial ability to make those spousal support payments. Usually, where maintenance is awarded, the dependant spouse will receive maintenance for a defined timeframe to enable him or her to upskill or reskill so that they can become financially independent.
Each matter is different however generally, there is an initial hearing where orders will be made for a family report and/or property valuations and a timeline set for mediation, interim disputes as well as the final hearing. The timeline may include a number of steps to be taken to prepare the case as well as to assist the Court in making a decision. You will not be required to speak in Court until a final hearing or interim contested hearing.
Government assessed child support is calculated in reference to each parent’s taxable income as compared with their time arrangements with their child or children. Commonly the parent with more time is paid child support by the parent with less time with the children. Parents often agree to child support arrangements privately as they are able to provide for expenses such as health insurance, school fees and the like in addition to a weekly or fortnightly sum.
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