Areas of Specialty
We have extensive knowledge and experience in these areas
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To file an Application for Divorce, you are required to have been separated for at least 12 months. This does not necessarily mean living in separate households. You may have lived, or continue to live, separately and apart under the same roof. If you are contemplating divorce, obtaining early advice is also sensible. We can assist you with your application or with giving you preliminary advice.
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You and your former partner can achieve orders of the Court without ever being required to appear before a Judge. If you have reached an agreement, that agreement is best crystalised by way of Consent Orders which can be achieved by making an Application for Consent Orders filed in the Federal Circuit and Family Court of Australia. This can be in relation to both parenting and property matters. If you would like advice regarding such an application, we can assist you with your enquiries.
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When in dispute with your former partner, whether in relation to parenting or property matters, you are almost always required to resolve your matter by negotiation. Mediation is necessary. Irrespective of whether you wish to have a legally assisted mediation or be self-represented, it is imperative that you obtain the necessary advice prior to considering any offer made. An agreement to accept an offer should be based on an informed decision stemming from prior legal advice. Mediation is a platform and opportunity to navigate through issues of dispute with the other party that may lead to a resolution. If you are being asked to attend mediation or would like to initiate the process, we can assist you with preparing for same.
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The breakdown of a relationship between parents can often be extremely challenging particularly when trying to ascertain how to coordinate an arrangement between two households. Conflicting issues can arise making it difficult to co-parent. If you are having difficulties reaching a parenting arrangement, we can assist you with gaining insight as to a regime and pathway that may best suit your family and most importantly operate in the best interests of your children.
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The breakdown of a relationship between parents can also often result in the breakdown of a relationship with grandparents and other family members. If you are not a parent of a child but wish to have an arrangement in place whereby the child continues to have a relationship with you, there may be grounds to seek such orders or preferably negotiate an arrangement by consent with the parent/s. If this is a matter of relevance to you, we can provide you with the necessary advice in order to explore your options.
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The breakdown of a relationship between parents can often hinder plans such as travelling abroad with your children. If the other parent is refusing to sign your child’s Passport Application and/or is refusing your request to travel with the child outside of Australia for a holiday, the Court (if an agreement cannot be reached) will consider the circumstances in your case and the destination you seek to travel to, and determine whether it would be in the child’s interest to travel. We have represented several applicants in seeking such orders and can assist you with your enquiry if you are faced with an impediment on travel.
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There are circumstances whereby some parents unilaterally cause a child/ren to relocate to another state or country without the prior consent of the other parent. If this occurs, time is of the essence. You should seek urgent advice to make the necessary application for the immediate return of your child/ren.
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Child Support is initially assessed administratively by Services Australia, Child Support, formerly known as the Child Support Agency. The administrative assessment provides an assessment of the periodic child support payable by a parent.
At times however, you and the other parent may negotiate a private arrangement as to periodic payments and non-periodic payments. If a private agreement is reached, then such an agreement should be crystlised either by way of a Binding Child Support Agreement or a Limited Child Support Agreement. For more information on how this can be achieved, please contact us for the necessary advice.
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At times, following the breakdown of your relationship, your income is inadequate to meet your day to day living expenses. This is separate to child support. Provided that your former partner has the capacity to do so, he or she might be liable to meet your periodic maintenance, for a period of time, until you are in a position to support yourself. In some circumstances however, there is inadequate information before the Court (or whereby the information is unclear) to make a determination which can therefore lead to an order for urgent spouse maintenance. We have represented many clients in such applications. If you think you have a need for spouse maintenance, we can assist you with your enquiry.
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It can be extremely challenging when turning your mind to how to divide your assets following the breakdown of your relationship. There are several factors to consider and have regard to and at times, crucial that such advice is obtained prior to your separation. Property in family law can mean a wide range of assets and it is therefore important that you have the necessary advice when considering how to resolve your matter, resulting in an outcome that is just and equitable. The process can be extremely complex and at other times very simple. If you would like to discuss your property and financial matters in the context of a breakdown of your relationship, we can assist you with those enquiries and provide you with necessary advice.
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If you would like to be proactive and enter into a Financial Agreement (more commonly known as a pre-nup), particularising how your assets are to be dealt with in the event of a breakdown of your relationship, we can assist you with that advice and draft the relevant Agreement, whether you are in a de facto relationship, in contemplation of marriage or even during your marriage. A financial agreement can also be entered into as form of settlement following the breakdown of your relationship. We have ample experience with drafting these agreement and can assist you with the advice you need.
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All matters of property and parenting disputes also apply to parties who were in a de facto relationship. Following the breakdown of your relationship, you have 2 years to make an application to the Federal Circuit and Family Court of Australia to seek orders regarding your property matters. Prior to the expiry of those 2 years, you should attend mediation and attempt to amicably resolve the dispute between you and your former partner.
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Often third parties are impacted by the breakdown of a relationship between married couples or partners of a de facto relationship. For example, you might own an interest in real estate with one of the parties and are concerned that your interest may be affected. Alternatively, one of the parties might owe you money which you advanced during the relationship. You should obtain the necessary advice in relation to your rights and standing to be joined to the proceedings as a third party. We have represented individuals and companies as third parties in family law proceedings and can assist you should you require such representation or at the minimum, the advice to ascertain and understand your rights.