Family and Relationship Lawyers

The decision to seek legal advice can be difficult to make but the earlier you seek advice about your rights and obligations the sooner you can make decisions and move forward. Following the breakdown of your relationship, you will have a lot of decisions to make, some you may find challenging or overwhelming.

In our experience, we find that getting advice early on about where you stand legally can help to ensure that you make the right decisions for both you and your family.

Yes. You can resolve disputes in a number of ways. Mediation is the most common alternative and you can discuss and negotiate most matters relating to separation. Mediation can be very successful but it does require full and frank disclosure and an element of good faith.

You may attend a mediation by yourself, or with one of our lawyers – whichever suits you best.

Aside from mediation, you can explore other options such as arbitration or negotiations directly between you or through your lawyers.

Definitely. Our aim is to ensure that your property division is resolved quickly and amicably and without either party having to apply to Court. In most cases, we can help our clients to obtain a property settlement by negotiation with their former partner or lawyer.

Once an agreement has been reached, it is important that it is formalised in writing. In financial matters, this can be achieved by way of a Consent Order or a Financial Agreement and is completed without having to step foot in a court. 

For matters relating to children, similar agreements can be made as to those relating to financial issues or you may consider agreeing to a parenting plan.

Unfortunately, if negotiations are unsuccessful it can be necessary to issue proceedings in Court to protect you and your property.

A court application can be made in the Family Court, Federal Circuit Court or the Magistrates Court as they all have jurisdiction to hear cases under the Family Law Act 1975 (Cth). Depending on your situation, we will advise you on the most appropriate court for your case.

Court proceedings are commenced when one of you lodge an Initiating Application with the Court, essentially asking the Court to make orders about the issues you cannot agree upon. 

The person applying to the court is called the Applicant and the person you are in dispute with is called the Respondent. Both of you are required to file a documents explaining to the court what you want (your Application), an Affidavit, setting out the reasons why you are asking the court to make the orders you seek and in financial cases, you will also file a Financial Statement, disclosing all of your income, expenditure, assets and liabilities. Depending on your case, sometimes other documents may also need to be filed with the court.

Once the Initiating Application has been filed, the court will allocate a hearing date. We call this date the "First Return Date or Interim Hearing". Your documents will be served on the Respondent and they will, in turn, be required to prepare and their documents outlining their position, similar to those required by the Applicant.

You will then both attend the first return date.

On the First Return Date (or interim hearing), both parties along with their solicitor or a barrister will attend court.

You will be allocated to a court with a number of other cases. There is an expectation that the parties will try to negotiate a settlement on some or all of the issues. If agreement can be reached on all matters, a judge can make Final Orders will be made on the day and no further court hearings are required.
The first return date is also for urgent or pressing matters such as where the children will live or how often they will spend time with one parent. If the issue is financial it may relate to the sale of property or payment of financial support  If an agreement cannot be reached at the first return date, the judge will make interim orders and you will be allocated another hearing date.

In children's matters, your case will then be adjourned for a further hearing (which could be another interim hearing or a trial). Orders can be made for child inclusive counselling and a Family Report may be ordered. Before the next hearing, usually, further documents such as affidavits will need to be filed with the court.
In financial matters, if no agreement can be reached, the matter will be adjourned for a Conciliation Conference which is conducted by a Registrar of the Court and both parties attend with their lawyers. 

Prior to that conference, you are required to provide evidence of your financial circumstances and the values of any assets. The Registrar assists the parties to try and reach agreement about the division of property. If agreement is reached, a Final Order can be made on that day.

If you still cannot resolve your issues at the interim stage, your case is then adjourned to a Final Hearing or trial. Both of you will be required to file further documents.

Once Court Orders are in place you must take all reasonable steps to comply with the contents of the Order. When Orders specify contact arrangements for the children you must comply. Failure to comply with Orders may result in an application to the Court. When an application is made to the Court about a breach of Orders the Court will consider the circumstances of the breach and decide if the breaching party has a reasonable excuse.

The Court may find it reasonable to breach an Order where the actions were necessary to protect the health and safety of the child. If the Court decides a breach occurred penalties imposed may include anything from variations to the Order, financial sanctions or imprisonment.

No. The division of assets following the breakdown of a relationship is determined by numerous issues and not an automatic 50-50 split. When considering the division of assets, you need to consider the sections of the Family Law Act which look at:

• Assessing whether it is fair to vary your existing property interests;
• Consider the contributions you have both made to those assets taking into account both financial and non-financial contributions;
• Identify your and your former partner’s needs moving forward. Relevant considerations include whether you have a child or children living with you, your health, income and earning capacity.

This is not a formula and will be different for each family and you cannot assume that there will be an equal division. It is important to obtain advice from an experienced family lawyer to assess your entitlements.

Just because you separate, does not mean you stop being a parent and facing the joys and challenges that role brings. The Family Law Act 1975 (Cth) supports a child maintaining strong relationships with all members of their family and is focused on the best interests, safety and well-being of children. 

You can both make arrangements as to the ongoing care of your children as long as you continue to both works towards your children’s best interests. Generally speaking, your children should spend as much time with each parent as is appropriate and practicable. This will vary from family to family.

You and your former partner may not be able to agree on what is in your children’s best interests or how it can be achieved. Or, there are protective concerns for the physical, emotional or psychological well-being of your children. In which case you may wish to speak to a family lawyer about how to best determine and balance those interests.