Family Law

We understand the impact a family relationship breakdown can have on all family members.  It is often very hard to know where to start when working through matters relating to care of the children and how to divide the assets of the relationship in a just and equitable manner.

Our experienced practitioners are focused on working with you in a practical collaborative manner focusing on the need to understand that if you have children you will need an ongoing relationship with the other parent. We will provide support and a calming hand to assist you in this emotional time, to work through your parenting and property issues with minimal conflict. We are committed to providing accurate legal advice while taking a realistic approach to ensure you achieve your goals. We work on the basis that Court is the last resort. However we understand that sometimes there is no other option and we will work with you to achieve the best possible outcome in those circumstances.

Our family law lawyers can provide assistance and comprehensive advice to married/de-facto couples and other family members with regard to the following matters, while promoting an amicable outcome:

  • parenting arrangements;
  • property settlement;
  • divorce
  • consent orders
  • binding financial agreements

Contact our office today for a confidential discussion as to how we can help you.

Parenting Arrangements

Part of the process of separating is to determine the best interests of the children.

The Court’s view is that both parents should share parental responsibility, and that children should have a meaningful relationship with both parents.

We will work to ensure arrangements are made that are in the best interests of the children and work to promote practical solutions that do not impact substantially on the children. Sometimes issues relating to domestic violence impact on these arrangements and we can give you valuable advice about dealing with such matters.

Property Settlement

In any separation, consideration must be given to how the assets of the relationship are divided on a final basis. The Family Law Act 1975 sets out the matters that need to be considered. They include:

  1. The nature of the asset pool. The Act gives a wide definition of property and we can provide advice about that process.
  2. The contributions made by the parties both financially and non-financially.
  3. The future needs of the parties.
  4. Whether the division is just and equitable.

It is our mission to work with you to obtain an amicable outcome without extensive costs to both parties. We provide a common sense approach providing realistic advice about what you are entitled to and how the Court would view the outcome.

Superannuation

Superannuation is treated as a different type of property. Superannuation may be split between the parties to promote a just and equitable outcome, however Super does not equate to a cash asset.

Spousal Maintenance

If one of the parties has needs that have been previously met within the relationship, they may be entitled to spousal maintenance as a financial support. The party must meet factors including capacity to earn income, financial position and the capacity of the other party to pay spousal maintenance.

Often an adjustment of a lump sum can be paid as part of property settlement, rather than ongoing payments. We can provide advice about your entitlement and how best to receive the monies. You have to demonstrate that if a lump sum is paid, it will be used for living expenses as an ongoing basis.

Our aim is to provide family law services that deal with all of your needs to navigate through this emotional and often stressful time.

Divorce

All Divorce Applications are now made online. The Court’s main concern is the welfare of the children.

In most cases the Divorce Application will be heard by the Court and made in your absence unless there is some dispute in relation to the divorce. However, if you have children under 18 years of age, you are required to attend the Court hearing.

If there is a property settlement, once you are divorced a property settlement must occur within 12 months of the date of divorce, or leave must be sought from the Court if you cannot settle matters within that time frame, and need the Court to make a determination.

We can provide assistance and advice to complete your online Divorce Application.

 

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Batemans Bay: (02) 44726377

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