Family Law Attorney
We appreciate each family is unique, no two situations are identical. We are also acutely aware of the emotional and financial burden that may arise during and after legal proceedings. Our experience as Family Law Attorneys allows us to provide support and understanding when dealing with Family law matters of divorce, de facto relationships, child custody and property division.
We are with you, each step of the way
There is no reason to go it alone. Getting prompt access to the right information is a priority. We make sure you understand your rights, responsibilities and obligations and how they apply to your specific situation. As your Family Law Attorney we provide advice on strategy, document preparation and professional insights into family law. We will help to ensure quick processing and fair outcomes.
Application for divorce
In Australia we follow the principle of no fault divorce. This means the court does not need to know the reason for the breakdown of marriage, simply that it has done so irretrievably. Evidence a separation period is required along with careful understanding of the laws around ‘separated but living under one roof’ definitions.
Applications for divorce are relatively simple with minor variations depending on personal circumstances. The length of your marriage and the nature of your relationship following separation will determine the best process to follow.
It is important to note that a divorce does not address matters involving children, assets and property. You can begin to resolve these matters any time after formally separating.
De facto relationship matters
De facto relationships are protected under the Family Law Act if one or more of the following criteria are met:
If agreement is possible between you and your ex-partner, out of court ‘consent orders’ can be agreed upon with the help of a Family Law Attorney. Your agreement can be lodged with the Family Law Court of Australia.
Property division initiated by separation or divorce is a stand-alone process. The process can be started prior to official granting of a divorce. It allows individuals to determine how assets shall be divided following the breakdown of a marriage or de facto relationship.
If you and your former spouse or de facto partner are in agreement, you may decide on how your assets are divided out of court. Formalising your agreement in the Family Court is possible and recommended. Your family law attorney can be of significant help in understanding how to proceed with the division while keeping the matter out of the courts.
Child custody matters
Where children are affected by Family Law matters, the best interest of the children take ultimate priority.
The rights of children and the responsibilities of parents towards their children is the primary focus of the Family Law Act. It aims to provide children with an opportunity to enjoy meaningful relationships with their parents.
Law changes have balanced any historical preferences of one parent over another based on gender. Equal emphasis is placed on the important roles each play in the lives of children.
Family Court and Federal Court appearances
There are steps you can take to ensure your court appearance runs as smooth as possible. A family law attorney can help you prepare your case prior to arriving in Court. Having all necessary documents ready, along with a solid understanding of your goal well in advance is recommended. If you are concerned about your safety, arrangements can be made prior to attending the courts.
The Solutions Law team are experienced in navigating the complex nature of Family Law matters. Each situation is unique and we keep the best interest of you and your family in mind.
Binding financial agreements
Sometimes referred to as prenuptial agreements, binding financial agreements are entered into by individuals either entering, already in or exiting a marriage or de facto relationship.
The agreement determines the financial settlement (including superannuation) financial support and any other related matters following the breakdown of a marriage or de facto relationship.
Criteria that determine the validity of a binding financial agreement are in place to protect all parties. Independent legal advice is required.
What happens if we can't agree?
If agreement cannot be reached, applications for financial orders and division of property can be made by a court.
Although no official formula is available to determine how to divide your assets. In formal proceedings, a court would assess each situation and determine what is ‘just and equitable’. The Court will consider elements such as each parties net position and the direct financial contributions to the relationship.
Time limits for property adjustments do apply and applications for adjustment must be made within 12 months. Conversely, if in a de facto relationship, your applications must be made within 2 years.
In most cases, legal advice will aim to resolve the matter outside of Court proceedings with the primary goal of reducing the emotional impact on all family members. Advantages in time and cost savings exist when matters are resolved out of Court.
Enquire with Carl today:
LAWYER - PARTNER ADMITTED 2001
Carl gained the majority of his knowledge working with and advising in property development matters. This knowledge forms the solid foundation for helping clients in all legal matters relating to the sale and purchase of property.
From first home buyers to seasoned investors and developers, Carl’s experience allows potential issues to be identified, while reasonable and practicable solutions are applied to achieve positive results for his clients.