Divorce
We act for separated parties, those contemplating separation or wishing to obtain a divorce. A Divorce can be obtained in either the Family Court or Federal Magistrates Court of Australia. There are some critical elements that need to be met before a Court will grant a divorce; good legal advice is a crucial support at what can be a difficult personal transition.
Property settlement
We assist clients with strategic negotiations to resolve property disputes whether between married couples or de facto couples. There are a number of critical elements which need to be addressed in negotiating and resolving a property settlement. These include but are not limited to:
- Entitlements to superannuation.
- Additional amounts which might be claimed by a party as a result of their initial contributions and/or inheritances.
- Additional distributions as a consequence of being predominantly responsible for the care of the children of the relationship after the parties have separated.
- There are important stamp duty and capital gains tax concessions which can apply if a transfer of a house is included in the settlement.
Children’s issues
Couples with children additional matters to settle when separating or finalizing their divorce. Where will the children live? How will the couple share the rights and obligations of parenting? What happens if one party wants to move interstate or overseas?
Provision will also need to be made for child support payments including in some circumstances:
- Appealing a child support decision which values the child support either too low or too high;
- Enforcing arrears of child support against assets including the inheritance of a bad payer.
‘Pre-nuptial’, ‘termination’ and financial agreements
If you are or intend to be in a married or live in a de facto relationship, we can prepare a financial agreement for you.
Financial agreements are often entered into by couples where one or both individuals bring to the relationship significant assets obtained separately. In these situations the parties may enter into an agreement to make provision for separate property, and to determine how jointly acquired property might be dealt with in the event that there is a separation.
Parties to a marriage or de facto relationship can also enter into a financial agreement during the relationship, as there is provision within the Family Law Act for the parties to enter into such a “post nuptial” agreement after marriage but before separation.
Whilst some believe that financial agreements infer a degree of distrust between the parties or are a bad way to start a marriage, these financial agreements promote harmony by providing certainty and reducing the prospects of unnecessary and expensive litigation in the event that the relationship breaks down.
De facto and same-sex couples
The Family Law Amendment (De facto Financial Matters and Other Measures) Act 2008 introduced major changes to de facto property settlement matters. De facto couples that separated after 1 March 2009 can now have their property disputes determined in the Family Courts in the same way as married couples.
We can help you negotiate a speedy resolution and aim to avoid litigation. If litigation is required, we aim to guide you through with minimum stress and expense to you.