We are able to assist you with
- Applications for Divorce
- Agreements & Consent Orders in respect to property and financial settlements
- Parenting Orders – Residence Orders, Contact Orders and Specific Issues Orders
- Urgent and Interim Orders
- Apprehended Domestic Violence Orders (ADVOs)
Our goal is to provide you with professional legal services that are timely and cost effective. We aim to be friendly, courteous and approachable in our service to you.
In the area of family law, our approach at all times is to avoid conflict between the parties and to try to settle matters by consent and by mediation where required.
Filing for divorce can be straightforward where there has been separation between the spouses for 12 months or more and one of the spouses is an Australian resident/citizen. There are more complex cases involving separation under the one roof, separation before 2 years of marriage and where there are children involved.
We will discuss with you the:
- Family Court’s requirements for filing an application for divorce.
- Supporting documents required for applying for a divorce.
- Service of court documents and whether you have to attend court or not.
- Specific issues e.g. separation under one roof, proper arrangements for children.
- Whether you are eligible for exemption from payment of court fees.
We will advise you how long it will take for the court process in your divorce matter and when your divorce will become absolute. We can also help you to shorten the time to obtain a decree absolute in special circumstances.
Agreement & Consent Orders
Our first goal in trying to resolve finance/property distribution and children issues is by seeking consent between the parties. If both parties agree, Consent Orders can be quickly drawn up and filed at the Local Court or Family Court.
There are advantages to avoid payment of stamp duty on transfer of property between the spouses pursuant to a Consent Order.
Both parents are responsible for the guardianship and care of children until the children turn 18 years of age. In a case where you cannot resolve your disputes over children with your partner, we can help you in applying for any of the following three main categories of parenting orders:
- Residence Order – This determines which parent the child is to live with.
- Contact Order – This determines the level of contact between a child and parent.
- Specific issues order – This covers other aspects of parental responsibility such as the day-to-day care, long-term care, welfare and development of the child.
Please remember that the Court is required to regard the best interests of the child as the paramount consideration in deciding whether to make a parenting order. We will able to advise you what matters are considered to be in the best interests of the child when applying for a parenting order.
Urgent and Interim Orders
We can help you to make urgent applications with the Family Court of Australia, in cases such as:
- Urgent application for a warrant in the situation where your child has been abducted by your partner or other person in breach of a residence, contact or specific issues order.
- Non-molestation orders to restrain your partner from molesting, harassing or abusing you.
- Apprehended domestic violence orders (ADVO) to protect you from fearing violence or harassment.
- Exclusive occupation of matrimonial home; and
- Restraining property dealings.
Binding Financial Agreements
These agreements form a binding legal agreement that are legally acceptable contracts between persons. There are different types of legal agreements:
- Financial agreements before marriage, commonly referred to as pre-nup or pre nuptial.
- Financial agreements after marriage, commonly referred to as post-nup or post nuptial.
- Financial agreements after divorce order is made.
- Financial agreements before a de facto relationship.
- Financial agreements during a de facto relationship.
- Financial agreements after breakdown of a de facto relationship.
Financial agreements before marriage details the financial contribution that you will both bring to the marriage and in particular the continuing ownership of finance and property that you would continue to regard your own or that of the partner throughout the marriage and even in the event of a separation. The Agreement can also include any other issues of major concern.
We understand the sensitivities surrounding family matters when you will be required to make many difficult decisions about your life and your future. We will work with you on resolving your legal issues where possible in a consensus manner to minimise conflict with your partner and to effectively finalise your affairs and help you to get on with your life.
We are here to help you and your family.