The care and well-being of any child/children in a relationship is the primary consideration in any separation. Where a separation is amicable, the parents are often able to agree to what living arrangements are in the best interests of their children.
In other cases, where agreement cannot be reached, it may be necessary to seek a court ruling. Before a court ruling can be made the parties are required to participate in compulsory mediation, however some exceptions do apply. In these cases the Family Court will make a Parenting Order which specifies the responsibilities of each parent with regard to the living arrangements, and care and well-being of their children.
The Family Law Firm can assist you in making application to the Court, as well as providing counsel in any of the following areas:
- Parenting Agreements
- Relocation of Children
- Change of Name
- Domestic Violence
- Child Abuse
- Grandparents and Guardian Issue
Parents are responsible for the financial support of their children. That responsibility is not changed by separation, divorce or remarriage, or where the children live or the amount of time they spend with a parent. We can help you reach agreement on child support arrangements through mediation or collaborative law. If all else fails, you need to apply to the Child Support Agency or the Federal Magistrates Court.
We can assist you to obtain Orders for DNA testing in support of / or to defeat an Application for Child Support.
Our areas of Child Support expertise include:
• Limited Child Support Agreements
• Binding Child Support Agreements
• DNA Paternity Orders
• Adult Child Maintenance Orders
Buying and selling real estate is often one of the most important financial decisions many people will make in their lifetime. The role of the lawyer in all areas of property law is to oversee the transaction and protect your interests. It makes sense to have the benefit of legal advice you can trust.
Easy Access to Us
The Family Law Firm believes that one of the things that sets it apart from many of the other conveyancing firms is the easy direct access that you will have to the solicitor responsible for your property transaction…
Professional fees cover the cost of the time and resources of the professional lawyers required to complete the matter, the risk management and legal compliance activities, and normal office costs…
We handle all aspects of conveyancing required for the successful completion of your sale or purchase transaction including:
- Contract review Liaise with other side regarding extensions of time
- Preparation of contracts
- Assist in the preparation and lodgement of any Application for Foreign Investment Review Board Approval
- Advise of your obligations and time restraints in line with your contract
- Liaise with your financier / mortgagee to ensure they are ready for settlement.
We are committed to providing you with a friendly and efficient service.
If you wish to obtain a divorce, The Family Law Firm can help.
In Australia, the only ground for divorce is that the marriage has ‘broken down irretrievably’. This is established by separation for 12 months. Separated couples can still live under the one roof but will need to provide evidence from third parties. An application for a divorce can be made by one or both parties to a marriage, however it is only necessary for one party to apply.
Application can only be made after the 12 month period of separation has ended. The court will only grant a divorce if it satisfied that proper arrangements have been made for the care and welfare of any children under the age of 18.
If the court approves your divorce it will initially grant a Divorce Order. The Order normally becomes final one month and one day after it is made. Once the Order is final the court will issue it. You cannot remarry until you have received the Divorce Order.
The Family Law Firm can also assist where a marriage has taken place outside Australia, provided that either the husband or wife are Australian citizens, are domiciled in Australia, or have been resident in Australia for at least 12 months.
In most cases, the breakdown of a personal relationship, whether marriage or de facto, can be one of the most distressing and emotionally challenging episodes in a person’s life. At such times it is essential that your legal advisor acts with both skill and compassion to ensure the best possible outcome in what is often a difficult and legally complex time.
At The Family Law Firm we understand what our clients are going through and the pressures they face. We pride ourselves on our ability to provide our clients with the best possible advice and support at the time of their greatest need.
In 2006, significant changes were made to the Family Law Act. These changes require a high level of knowledge and commitment from your legal advisor. In this respect, it is vitally important that you receive the best advice at the earliest time to ensure an optimum outcome for all concerned.
Areas of Family Law –
- Dissolution of Marriage,
- Property Settlements,
- Care of Children,
- Domestic Violence,
- Parenting Orders,
- Child Support and Maintenance.
We are dedicated to achieving sensible cost-effective outcomes for our clients in this most difficult of times. The Family Law firm is ready to assist you right now in property settlements, care of children and divorce.
A Property Settlement is the division of property and assets between a couple upon separation of a de facto relationship or dissolution of a marriage. Property assets include, but are not limited to, real estate, motor vehicles, boats, shares, art collections, jewellery, bank deposits and superannuation, as well as interests in private companies. The Family Law Act encourages people to try to reach a settlement without going to court.
There are many factors to be taken into account when negotiating a Property Settlement. These include financial and non-financial contributions to the relationship, income earning capacity, age and health, which person will have majority share, control and responsibility for any children and the length of the relationship.
In this respect Dispute Resolution is a specific area of expertise at The Family Law Firm. There is often only one opportunity to reach a property settlement that not only complies with the law, but is also fair and equitable to all parties, and which allows them to move forward with their lives.
Wills and Estates
Making a Will can be a daunting task. It is estimated that some 40% of Australians don’t have a legal will. Without a legal Will, there is no guarantee your estate will be settled as you wish. Your Last Will and Testament is therefore one of the most important legal documents you will ever sign…..
Administering the Estate of a loved one can be emotional and difficult at the best of times. It is even more so where the deceased passed away without a will.
Powers of Attorney and Enduring Guardianships
A Power of Attorney is an authority for a family member or someone you trust to act on your behalf in health or financial matters.