Family Law

We can help with a range of family law and de facto relationship matters.  We have assisted many clients through the difficult legal challenges they face after separation, as well as protecting their wealth at the beginning of a relationship. Our principal is a former, nationally accredited mediator with a wealth of experience across all areas of family law, including property settlements, children’s matters, mediation, Binding Financial Agreements, consent orders and domestic and family violence.

Property Settlements

What is a property settlement?

A property settlement involves the division of assets, liabilities and financial resources between a couple whose relationship has broken down. Australia’s family law system provides that each party should receive a fair share of the joint property pool. Determining what is ‘fair’ depends on what each party brought to the relationship, how each person contributed during the relationship and each person’s future economic needs. Contributions include financial and domestic contributions such as caring for children, domestic duties, and providing emotional and social support.

What about de facto partners?

De facto couples can also access remedies under family law legislation. In some cases, you might need to prove that you were in a de facto relationship, and we can assist you with this. Various factors are relevant in determining whether a de facto partnership exists, for example, the length and nature of the relationship, financial dependence or interdependence, the care and support of children, and whether the relationship was registered under state law.

Do I have to document a property settlement with my former partner? 

Whether you were married or in a de facto relationship, it is important to formalise your property settlement to protect yourself from future claims and to facilitate relevant transfer duty concessions/exemptions on the transfer of certain assets such as real estate. A formal property settlement enables a separated couple to move on with their respective financial lives.

Do I have to go to Court? 

No. In fact, most people prefer not to, and many property settlements are negotiated and finalised with the assistance of the parties’ family lawyers and/or through mediation. Court proceedings are costly, time-consuming, and usually stressful. If you and your former partner can agree on a fair and equitable division of property and/or provision for spousal maintenance, then consent orders can be prepared and filed with the Court for approval. You do not have to attend Court and once the orders are granted, they are legally binding.

What if we cannot agree?

Sometimes, despite best efforts, an out-of-court property settlement might not be achievable, and you might need to apply to the Court to have your matter determined. Family law matters are heard by the Federal Circuit and Family Court of Australia. Time limits apply for commencing Court proceedings, so it is important to obtain early legal advice.

Children’s Matters

The family law system requires that the children’s best interests are the primary consideration in all parenting matters. The concept of ‘custody’ of a child no longer applies in Australia and the starting point is that both parents should have equal and shared responsibility for their children. This means that each parent contributes equally to the care and support of their children and to important decisions concerning their children’s welfare.

Shared parental responsibility, however, does not necessarily mean that a child will spend half of their time with each parent, as it might not be practical in all situations. There is, however, a presumption that it is best for children to have an active relationship with both parents which generally means that they should spend significant time with each parent.

The presumption that a child should have an active relationship with both parents can be rebutted in circumstances such as significant domestic violence or severe substance abuse in the home. In such cases, contact might be supervised or otherwise made safe for the child,but it is rare for a Court to sever all contact between a child and their parent.

Mediation for Property and Children’s Matters

In most cases, before you can proceed with an application before the Federal Circuit and Family Court of Australia, you must attend before a qualified mediator and attempt to resolve your dispute with your former partner. If you are unable to resolve the matter, the mediator will give you a certificate that must be filed with the Court. If you are able to resolve a parenting matter, then a parenting plan is often prepared by the mediator. The parenting plan is not a court order. Accordingly, you might need to obtain legal advice about turning the parenting plan into a consent order. We can assist with this.

Domestic Violence

Domestic and family violence occurs when one person in a relationship uses violent and abusive tactics to maintain power and control over the other person in a relationship. Domestic and family violence can occur between people in spousal relationships, intimate personal relationships, family relationships and informal care relationships. The violent behaviour can include:

• physical abuse, sexual abuse, stalking
• threats to hurt a person, their relatives, friends, colleagues or pets
• damaging property or hurting pets in order to frighten and intimidate
• emotional abuse (making a person feel worthless, criticising their personality, looks or the way they dress, constantly putting someone down)
• verbal abuse (yelling, shouting, name-calling, and swearing)
• financial abuse (taking control of money, not giving someone sufficient money to survive on, forcing somebody to hand over their money)
• threats to stop providing care if a person does not do what they are told
• social abuse (controlling where a person goes, preventing them from seeing friends or family)
• spiritual abuse

If you think you are a victim of family violence, seek help from the police if you are in imminent danger. The police can obtain a protection order on your behalf. You can also get help from a lawyer who can prepare the necessary court application and attend the court hearing with you.

If you need assistance, contact [email protected] or call 07 3133 3938.