Family law

The ending of a relationship, be it a marriage, de facto marriage or a same sex relationship, may be a difficult and confusing time.

We have lawyers available to assist you to:

  • Be aware of your rights and entitlements
  • Know what obligations you have

At such an emotional time in your life, it is important that you have confidence and trust in the advice you receive. We can provide that comfort whilst ensuring your legal rights are protected.

Divorce

The divorce is the ending of your legal relationship with your spouse. You must be able to prove that you have been separated for 12 months and that the relationship has broken down completely.

If you have children, you must also satisfy the Court that the arrangements concerning the children are satisfactory.

We can assist you in the Divorce Application when the time is appropriate.

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Dividing up your marriage assets

The division of the marriage assets is never an easy task. Fortunately, the Family Court procedures actively push you and your spouse to engage in negotiations to resolve the issues even before starting an application in the court.

Where we will assist you is in:

  • Guiding you on how the Family Law Act and other associated legislation applies to you
  • Assisting you to identify what the marriage assets consist of, and what their value is
  • Negotiating for you towards a satisfactory outcome
  • Always being mindful that legal costs associated with resolving your matter do not outweigh the division of the assets
  • Keeping you informed throughout the matter both as to the prospects of resolving the matter and as to the costs (being costs already incurred and potential costs if the matter does not settle)

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Children's Issues

Obviously the two main issues for you to consider for the children are:

  • What arrangements are made as to where they will live and what contact arrangements should be made
  • Who is to pay, and how much is to be paid, for the care and welfare of the children

Arrangements for the children are the most difficult issue given the emotional nature of those decisions and the need to ensure that the arrangements suit the children, not just the parents. We can give you advice and assistance which is caring and understanding of your needs. Our advice is also mindful of remaining objective, being aware of the other parent's claims and considering the attitudes of the Court. It is not in your interest to be dragged into complex, expensive Court proceedings which can be damaging to relationships and damaging financially.

As for financial obligations, we will assist you to determine your rights and obligations for child support. There are statutory formulas to consider together with any special needs which the children may have.

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De facto and other relationships

Like marriages, the resolution of a break up of a de facto marriage or a close dependent relationship needs you to:

  • Be aware of your rights and entitlements; and
  • Know what obligations you have

We can assist you with the issue of properly dividing up the assets owned by you and your partner including:

  • Guiding you on how the Property (Relationships) Act and other associated legislation applies to you
  • Assisting you to identify what are the assets and what is their value
  • Negotiating for you towards a satisfactory outcome
  • Always being mindful that legal costs associated with resolving your matter do not outweigh the division of the assets
  • Keeping you informed throughout the matter both as to the prospects of resolving the matter and as to the costs

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