FAMILY LAW

Following the breakdown of a relationship, taking steps to settle your matter at the pre-action stage may greatly reduce the emotional and financial costs of finalising your Family Law property matter. By negotiating your property settlement through direct communication with the other party, through correspondence or through mediation, you will also have much more control of the outcome. We can assist you in negotiating your property settlement, and can represent you at mediation, so that you are aware of your Family Law rights and can make informed decisions.

Following the breakdown of a relationship, any agreement reached can be formalised by either a Binding Financial Agreement or an Application for Consent Orders. We can advise you as to the best way to formalise your property settlement, and prepare all necessary documents.

In Family Law property matters, all parties have a duty to provide full and frank disclosure of their financial circumstances. In circumstances where one party refuses to comply with this obligation, we can assist with the exploration and identification of a party’s financial circumstances, including investigations and document searches, issuing of subpoenas, liaising with professionals, and arranging for the valuation of assets.

Some matters may involve complex financial arrangements and issues, such as companies and trusts, issues of bankruptcy, and complicated superannuation interests such as self-managed superannuation funds and superannuation pensions. We are experienced in dealing with complex matters, reviewing complex legal and financial documents and in liaising with other professionals in order to ensure all assets, liabilities, superannuation and financial resources are adequately identified, and otherwise dealt with as part of your property settlement. If your matter involves a superannuation split, we can advise you as to relevant procedures for this to occur, and can draft the necessary orders to give effect to your superannuation split.

If your matter requires the oversight of a Court official to progress, we can prepare an application and other necessary documents to commence proceedings in the Federal Circuit and Family Court of Australia. We can help you understand how your matter will be handled by the Court. Our Family Law Solicitor appears in matters in the Newcastle, Sydney and Parramatta registries of the Federal Circuit Court and Family Court.

Your matter may require the Court to make an Interim/Interlocutory order (an order made before the Court makes final orders in the proceedings). For example, you may need an order for the exclusive occupancy of a home, for an urgent sale of property or for the interim disbursement of funds. We can assist you in understanding what orders a Court can make prior to the matter being heard on a final basis, in order to protect your rights, and preserve the pool of assets.

If your matter is being heard in the Federal Circuit and Family Court, it may be listed for a Conciliation Conference before a Registrar. A Conciliation Conference is a form of alternative dispute resolution designed to assist parties to come to an early settlement of their matter. We frequently appear in Conciliation Conference’s and can represent you at your Conciliation Conference.

The Federal Circuit and Family Court can make urgent, interim and final orders for the payment of spousal maintenance. We can advise you as to your right to spousal maintenance, or whether you may have an obligation to pay spousal maintenance to your ex-partner.

Quite often, Family Law property settlements involve the sale of real property, transfer of real property, discharge of mortgages and lump sum payments being made to one of the parties to the property settlement. We can assist you at every step of this process, including preparing all necessary documents to give effect to your property orders, applying for stamp duty exemptions and managing your online (PEXA) settlement until completion. Our Family Lawyer is experienced in conducting transfers between spouses, so you will be assisted by her every step of the way.

When you relationship or marriage breaks down, there are time limits you need to abide by if you want to apply to the Court for property adjustment orders. These limits are 12 months after the date of divorce for married couples, or 2 years from the date of separation for de facto couples. We can advise you on your options in the event that your limitation period has expired and the chances of success in having the Court hear your case.

When a party to an order of the Court breaches or does not comply with that order or orders, there are a few options available to you. You could file a Contravention Application, or alternatively, an Enforcement Application. Contravention Applications can be risky to run, as they are a specific type of application where a Court will consider a costs order against you if your application fails. In other Family Law matters, it is generally the case that each party pay their own costs. An Enforcement Application seeks to enforce the order that has not been complied with. We can advise you as to which application may best protect your interests following the breach or non-compliance of an order, and the likelihood of your Contravention Application or Enforcement Application succeeding.

Following the breakdown of a relationship, children can often be caught in the middle of parents disputes. At all times, Family Law is concerned with enforcing and protecting a child’s best interests. We can help you understand what Family Law says these best interests are, and how they relate to parenting arrangements for your child or children.

We can refer you to appropriate non-court based family and early intervention services which may be of assistance in your matter. This may include referrals to domestic violence services, post-separation parenting courses or family counselling services.

We can assist you in negotiating with the other parent regarding parenting arrangements. Where your matter is suitable for mediation, we can represent you at mediation, so that you are aware of your Family Law rights as a parent, and the factors that need to be considered in relation to your child or children.

Following separation, you may agree to parenting arrangements for your children. We can assist with formalising these arrangements through a Parenting Plan or Consent Orders. These documents ensure that each parent understands the arrangements that are in place for their children, and that your child or children spends time with and communicates with each parent to the maximum extent that is consistent with their best interests. Formalising arrangements can also help prevent conflict that may occur in the future, which your child may be exposed to, and which is not in your child’s best interests.

If your matter requires the oversight of a Court official to progress, we can advise you in relation to pre-filing procedures, and can prepare an application and other necessary documents to commence proceedings in the Federal Circuit and Family Court of Australia. We can help you understand how your matter will be handled by the Court. Our Family Law Solicitor appears in matters in the Newcastle, Sydney and Parramatta registries of the Federal Circuit and Family Court.

Where one parent poses a risk to a child, or a parent retains a child from the other, we can assist you with an urgent application to the Court for orders, such as recovery orders and other orders which are in your child or children’s best interests. This may involve representing you at an interim hearing.

When a party to an order of the Court breaches or does not comply with that order or orders, there are a few options available to you. You could file a Contravention Application, or alternatively, an Enforcement Application. Contravention Applications can be risky to run, as they are a specific type of application where a Court will consider a costs order against you if your application fails. In other Family Law matters, it is generally the case that each party pay their own costs. An Enforcement Application seeks to enforce the order that has not been complied with. We can advise you as to which application may best protect your interests following the breach or non-compliance of an order, and the likelihood of your Contravention Application or Enforcement Application succeeding.

Magellan Matters are Family Law parenting matters where one party has made serious allegations of physical and sexual child abuse. These matters are expedited through the Court lists due to their urgent issues. If you have a matter in the Magellan list, or which is likely to be heard in the Magellan list, we can prepare the relevant documents, represent you and provide you with advice regarding the Court procedures and potential case outcomes.

Following the breakdown of a relationships, it is common for one parent to wish to relocate with the child or children, whether this be because they are fleeing domestic violence, for the purposes of pursuing work opportunities, or for the purposes of being closer to family and other support networks. We can help you to understand your rights in relation to relocation, and how this can impact your parenting arrangements.

Child support can be a tricky issue to navigate, and sometimes, the amount which you are assessed to receive is not enough, or does not adequately reflect the needs of your child. There may be other options available to you, such as Binding or Limited Child Support Agreements, or seeking child maintenance orders from the Court. We can help you understand your options in relation to having the financial needs of your child met, and assist you with the preparation of relevant documents.