Divorce & separation – It goes without saying that divorcing or separating is one of the hardest times most people will face. Our lawyers are understanding of the difficulties you are facing and are here to guide you through this difficult time.
Divorce proceedings do not finalise arrangements regarding parenting or property/finances, these issues will need to be addressed separately.
Divorce proceedings in Australia are “no fault”. The requirements to satisfy an application for divorce are that your relationship has broken down beyond repair and a period of 12 months from 12 separation has passed.
Same sex couples whose marriages are recognised can also access Australia’s divorce system if they meet the requirements for divorce in Australia.
Children’s matters – Children are the innocent victims of any relationship breakdown. Our experience and advice can help shelter your innocent children from the stress and emotions relationship breakdowns bring. It is important to remember that in most cases your children love both of their parents and the law encourages a child’s right to a relationship with both parents where it is in their best interests to do so.
Sometimes it is recognised that safeguards are required to be put in place surrounding the way in which children spend time with either parent in circumstances where there has been violence or abuse. It is important to discuss these important issues with one of our solicitors to ensure the right balance of protection and communication is achieved.
Property settlement and superannuation – Your relationship has broken down and now you are faced with the daunting task of protecting your financial security for the future. You have worked hard to accumulate assets and investments for your financial security and it is important that you carefully consider your future financial needs and recognise the hard work, effort and sacrifices you have made to accumulate wealth.
The law recognises your contributions to the accumulation of wealth whether your role was that of homemaker and parent or busy producing an income in the workforce. The Family Law Act recognises a number of sometimes complex variables which require consideration to achieve a fair and equitable split. Our lawyers are experienced in assessing the personal circumstances of each relationship and providing accurate legal advice regarding your entitlements under the Family Law legislation.
Domestic violence – If you have been subjected to domestic violence it is important that you and your family feel safe. Our lawyers are experienced in applying for applications for protection orders under domestic violence legislation.
If you feel you have been incorrectly accused of committing domestic violence it is important that this issue is addressed as it can have long term consequences and effects for your future. Our lawyers are experienced in defending people falsely accused of domestic violence and can assist during this stressful time.
Binding Financial Agreements (Pre-nups) – Binding Financial Agreements are a less formal way of arranging financial affairs. Binding Financial Agreements can be prepared in anticipation of co-habitation or marriage, during marriage or while already co-habiting and following the breakdown of your relationship. Binding Financial Agreements can be a cost effective solution where parties are in agreement regarding the division of assets.
Binding Financial Agreements do come with a note of caution however, there are certain limits as to the longevity and effectiveness of a Binding Financial Agreement that you need to carefully consider in conjunction with experienced legal advice surrounding these documents, before deciding if this is the right choice for your circumstances.