Family Law

The focus of the law is upon the rights of children. When families separate, the important issues remain in terms of who children will live with, who they will spend time with and who will make important decisions in terms of health, education and religion. Going to court is a last resort as it is easier to agree to arrangements for children through a document that all parties agree on. If this cannot be done, a Court would need to provide Orders as to children. The process is stressful and very technical so it is imperative that you seek legal advice before agreeing to any matters concerning children. Any agreement put in place will apply until children reach the age of 18 so the importance of obtaining legal advice before agreeing to the terms of any document is clear. A properly considered and drafted agreement in terms of children will give all parties peace of mind into the future. Parents and/or grandparents may have the standing to obtain Orders regarding children so it is important to seek legal advice.

Whether you are separating following the breakdown of a de facto relationship, same-sex de facto relationship or marriage it is imperative that you obtain the right advice early on to ensure that your entitlements are properly recognised. Each case is decided upon its own merits or facts in terms of what each party is entitled to following the relationship breakdown. We aim to negotiate outcomes without resorting to Court given the additional stresses it places upon parties. The initial step in any property settlement matter is for the parties to identify the assets, liabilities and superannuation interests that form the property pool. The contribution of each party to the finances and welfare of the family is then assessed. The current and future financial position of each party is then assessed. The length of the relationship, relative health and age of each party is also considered. All these factors help to assess the fair division of assets between the parties. It is important to obtain legal advice early on the following separation to ensure that all relevant matters are taken into consideration before any agreement is reached.

These agreements are legally binding providing certain requirements are met. Couples can use these agreements to regulate and resolve how finances will be managed following the breakdown of their relationship. It is preferable that these agreements are put in place before getting married or entering into a de facto relationship. When drafting such agreements, care needs to be taken to avoid “grossly unreasonable” agreements suggesting one party may have unfairly influenced another or engaged in unfair conduct. Independent lawyers must give each party to a financial agreement advice as to its terms and their effect. To be valid, financial agreements must be fair to all parties, especially one who is less wealthy than the other. Financial agreements, if properly drafted, are an important way of protecting assets when entering into a new relationship.

If a separating couple can come to an agreement between themselves about key elements such as asset division, property ownership and children’s issues without the need of mediation, a Consent Order can be created to officially legalise it.

In these scenarios, it is essential each party fully understands what agreements they are entering into. We recommend you seek expert advice to discuss and legally authorise any arrangement before any document is signed.

Legal dissolution of a marriage or long-term relationship is an intricate process within which several criteria must be met. Parties navigating these will benefit greatly from having expert legal support.

Married couples must be separated for at least 12 months before they can lodge an application for divorce. The application must be prepared and filed with the Court, and there is a fee to process the application. In some circumstances the Court can reduce this fee. In cases that are not straightforward, there are important rules regarding how and when paperwork is served on a former partner to notify them of the application for divorce.

Once a divorce is granted, you have 12 months to apply for a division of property. Separated de facto couples have 2 years from the date of separation to finalise property and financial issues.