Family Law

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Every family goes through ups and downs; we can help you navigate these challenges

Family is everything, and sometimes, problems do arise that do need the attention of experts. These problems are always sensitive in nature and that’s why it’s important to engage the advice of proven family law providers. Our experienced family law team will work collaboratively with you to understand your unique situation, no matter what the scenario. We’ve assisted families in navigating relationship breakdowns through to managing the circumstances that may arise from a family member’s death.

We always deliver our solutions in a transparent manner that you’ll be able to understand. Importantly, we provide a truly comprehensive range of family law legal solutions meaning you can engage us for advice no matter what the issue is.

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Overview of services

Our Family Law Team provides service across a number of family issues:

  • Divorce & Separation
  • Binding Financial Agreements
  • Compulsory Mediations
  • Court Consent Orders
  • Negotiating Settlement of Financial Issues
  • Property Settlement
  • Superannuation.
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Let’s navigate a very challenging time in your life

Frequently Asked Questions

Are you planning on getting married or remarried? It’s incredibly important that you take stock of your current situation and plan for how this will impact you and any existing wills or arrangements you may have.

Our experienced Family Law Team can assist you in navigating some of the more complex issues that do arise from a marriage or divorce. There are many issues that must be considered; living arrangements, the division of property, arrangements for any children of the relationship and of course, any Wills you may currently have.

We can advise you on the required processes that need to be followed and help you understand your legal rights when separating or divorcing your partner or spouse. Our Team has experience in handling sensitive matters in a professional and transparent way.

  • Impact of marriage or divorce on an existing Will

    Marriage normally nullifies an existing Will and divorce voids any disposition made under a Will to the former spouse.

    It is important for any person who is planning to marry or remarry to make a fresh Will even if it is identical to an existing one.  Otherwise, it will lead to an intestacy if that person meets an untimely death.

    Separation in a marriage does not affect the validity of an existing Will but it is important for a separated spouse to consider whether their existing Will reflects their wishes after a relationship breakdown.

    Separation in a de facto relationship does affect a disposition in favour of a de facto spouse.

  • Advice on divorce and separation

    Australia’s no-fault divorce system means that you are not required to provide reasons for wanting a divorce. Provided that your separation has lasted at least twelve months and that there is no reasonable prospect of resuming the marriage, you are eligible for a divorce.

    However, a financial settlement can be made before divorce.

    It is important that separating parties (either married or de facto) seek and obtain early advice as to their legal rights and entitlements arising out of the separation. Steps may need to be taken to preserve assets and to obtain interim financial relief.

    Separating parties should also seek legal advice regarding their Wills and Powers of Attorney.

  • Property Settlement

    It can be challenging for former couples to arrange how property assets are to be divided.

    The process fundamentally involves identifying and valuing the “relationship property” and arriving at an adequate percentage division between the couple, based on the contributions made by the parties and their future needs.

    We take the stress out of property arrangements by communicating with our clients in plain English.

    If you have reached an agreement with your former partner, you should contact our Team to protect your arrangement by making it enforceable. If no agreement is reached, trust us to negotiate on your behalf or to make an application to the Court.

  • Court Consent Orders

    Even if you and your former partner have reached an informal agreement, it is important to get the Court to consent to it so that it becomes binding.

    Such an order can be made even if the parties are not involved in a current case before the Court.  In the case of marriage, it is not necessary for the parties to be divorced.

    An order made by the Court in the terms agreed to and drafted by the parties will have the same force and effect as an order made by the Court after a contested hearing.

  • Negotiating settlement of financial issues

    Separated married and de facto spouses need to be fully aware of their rights and entitlements and these will vary depending on the range of facts and circumstances which exist in each particular case.

    The majority of financial settlements between separating parties are achieved through negotiation, and without court intervention.

    This process will generally involve the parties making full disclosure to each other of relevant financial documents, and navigating the path towards a fair and equitable distribution of their assets and liabilities. This may be achieved by direct discussions between separated parties, by negotiation through lawyers or with the assistance of the dispute resolution process, including mediation.

  • Superannuation

    Superannuation is deemed to be property and forms part of the matrimonial or de facto relationship pool of assets to be divided between separated parties.

    This does not mean the non-member spouse will be paid a sum of money from the other party’s superannuation, but rather an amount is split off the spouse member’s entitlement and a new interest in the fund will be created for the non-member spouse which can be retained in the original fund or rolled over to another fund nominated by that spouse.

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Plan your next move

Call us for expert yet sensitive legal advice to achieve the best outcomes for you and your family.

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Don’t wait any longer to get the right advice

All of our lawyers are highly specialised and experienced in their area of law
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