what is your dispute?
Below you will find the broad areas of family law to help you narrow down what areas you may need assistance with.
Each area has its own set of procedures and laws which will guide you on how you can best tackle your dispute.
Parenting Disputes
The Family legislation requires that parenting arrangements are in the best interests of a child. This is achieved through 4 key rights and obligations.
- Children have the right to have both their parents have meaningful involvement in their lives to the maximum extent that is consistent with what is in their best interests.
- Children should be protected from physical and psychological harm, or from being subjected to or exposed to abuse, neglect or family violence.
- Children should receive adequate and proper parenting to help them achieve their full potential.
- Parents of a child have an obligation to fulfil their parental duties, and meet their responsibilities, concerning the care, welfare and development of the child.
How We Can Help
We will give you advice regarding children’s rights and your obligations, how you can approach negotiation of a parenting plan or court orders, and how a Family Court makes decisions about parenting. We will assist you in strategy and drafting the terms of your agreement. If you cannot agree, we can assist you with case preparation and step you through each stage.
Dispute Resolution
Parental Responsibility
Parenting Plans & Court Orders
Relocation
Family Violence & Abuse
Contraventions & Enforcement
Altering Orders
Child Abduction
Medical Procedures
Financial Disputes
The test the Family Court uses to determine the above questions is the 4-step test:
Preliminary Step:
Is it just and equitable to make property adjustments or should the parties simply walk away with what they currently own?
- Identify the assets and liabilities of both parties, and value the items. This includes legal (legal interests include legal ownership of assets as well as other legal interests such as contractual claims) and equitable interests (equitable interests include, for example, constructive trusts)
- Determine direct and indirect financial contributions of each party to the property, as well as non-financial contributions such as homemaker and welfare of the family contributions. A percentage split is determined based on contributions.
- Examine the effect of any proposed order on the earning capacity of the parties, their future needs, any other orders made affecting the parties or children, and any child support paid or is liable to pay by each party. An adjustment up or down by % units will be made at this stage.
- Determine whether in all the circumstances the above analysis has arrived at a just and equitable outcome. Are the orders proposed appropriate? Will they finalise the financial relationship between the parties – known as the clean break principle.
How we can Help
We will give you clear advice on what are your legal and practical options, how to approach negotiation, and the range of outcomes the Family Court would be likely to arrive at if your case was in court. If an agreement is reached, we will prepare your consent orders and an application to the court, liaise with superannuation funds if necessary and attend to transfers of property as required. If an agreement is not reached, we can assist you with preparation of case strategy and the documents required to progress a matter. We will steo you through each stage of the process.
Financial Agreements
Property Orders
Enforcement Issues
third Parties
Transactions to Defeat Claims
Injunctions
Companies & Trusts
Leave to Proceed Out of Time
Spousal Maintenance
Divorce & Nullity
Divorce can be a straight forward process for most couples. However, there is a growing increase in international relationships and changing residencies between countries. These sorts of factors can complicate a divorce and advice can be helpful to properly understand your eligibility for divorce. Divorce is typically one of the last steps taken by a separating couple because the Family Court imposes deadlines of making a property application. The Family Court will not accept an application for proceedings requesting a property adjustment after the following deadlines:
- If you were married, 12 months after a divorce order has taken effect.
- If you were in a de facto relationship, 2 years after the end of the relationship or 12 months after a financial agreement is set aside or found to be invalid
One of the key things to note when you separate is the date that you separated. If you have finalised the settlement of your property division and the deadline is approaching, you should seek urgent legal advice.
How We Can Help
- We can assist you by drafting your divorce documents or reviewing documents you have already drafted.
- We can assist you with filing or file on your behalf.
- We can show you how to meet the requirements of a divorce if you have resided under one roof at any time during your separation or had a short marriage.
- We can make an application for an annulment if you believe your marriage was not valid.
- We can appear on your behalf at court.
- You should be aware that the Family Court is running divorce hearings electronically.
Eligibility for an Australian Divorce
Living Separated
under One Roof
Null Marriages
Marriages Under Duress & Fraud
Child Support Issues
Child support is typically considered an administrative process and you should contact the relevant government authority to check the process for claiming or making child support payments.
There will be occasions when you need legal advice and representation in respect of child maintenance, including when urgent maintenance is required, if there are non-periodic payments that are necessary for supporting your children not covered by child support, or if the child is not a minor but continues to require maintenance.
How We Can Help
We will advise you about your rights and obligations under the child support legislation. We can advise you on if and how to seek variations, negotiate and prepare child support agreements, prepare an application to the court and step you through the process.
