Families and Separation

Separating from your partner and negotiating arrangements relating to property and children can be stressful and highly distressing. Often, it is your children who are most profoundly affected by the breakdown of the family unit and the impending legal consequences.

We understand that every relationship and situation is different, and accordingly, every approach requires a tailored process. We consider practical solutions and always work with you to minimise conflict in order to maintain healthy relationships between you, your ex-partner and your children.

Our Family Lawyers are here to help you.

What We Offer

  • Children’s Matters
  • Caveats
  • De Facto Relationship Disputes
  • Divorce
  • Dispute Resolution
  • Financial Agreements
  • Injunctions
  • Mediation
  • Prenuptial Agreements
  • Property Settlements
  • Same Sex Relationships
  • Superannuation Splitting

Fixed Fees

We offer fixed fees on some family-related issues. Call us now and book in a free first interview to discuss if our fixed fee packages apply to your matter.

FAQ

My partner cheated... Am I entitled to more of a property settlement?

This is a very common question that family law solicitors encounter with respect of property settlement matters. “If they have cheated on me… am I entitled to further funds in the property settlement?”

With respect to property settlement, there are no penalties or adjustments made to anyone in property settlements if there is “fault” in the breakdown of the relationship.

If the court were to move into the realm of providing an adjustment for “fault”, this would create further expense and difficulties to parties gathering evidence and ensuring that evidence complies with the rules of evidence. It would also be a very difficult process for the court to ascertain what the criteria for an adjustment may be if “fault” was involved and what percentage adjustment to one party or another would be.

Overall, catching your partner cheating on you will not be a basis for you to receive more money in a property settlement matter. However getting on the front foot and seeing a family law solicitor can assist you in ascertaining your rights in a property settlement from the start.

Can I start fresh and relocate with my children after separation?

It is natural to want to start a fresh new life after divorce; whether it means buying that fancy sports car you have always wanted, or moving to a new postcode. Inevitably, at least one party must move out of the family home, and generally when children are involved, the parents will remain in close proximity of each other to minimise disruption in the children’s life.

Relocation is one of the most difficult issues that can occur after separation. It occurs when one parent wants to move either interstate, overseas, or even to a different town within the State or Territory which is not in the same area as the other. Basically, relocation becomes an issue when the new proposed residence is so far away that it interferes with, or affects, the time that the non-primary parent spends with the children.

Although relocating with your children after separation may seem like an easy decision, it is necessary to recognise a balance of the best interests of your children and the interests of the non-primary parent’s right to spend time with the children. If you are having difficulty in negotiating relocation with your ex-partner or require any further information regarding relocation orders, contact our family law team on (08) 8210 5400.

Can you be separated and live under the same roof?

Before a person can apply for a divorce they have to be able to establish to the family courts that their marriage has irretrievably broken down. This can be established if the Court is satisfied that the parties to the marriage have separated and have lived separately and apart for a continuous period of not less than twelve months prior to the filing of the Divorce application.

Being separated and living under the one roof is when a husband and wife separate but continue to live in the same home. It may be for any length of time – a few days, weeks, months or years following separation.

If the husband and wife lived in the same home during part or all of the required minimum 12 month separation period, they need to provide additional details to the Court before they can apply for a divorce.

If you or someone you know needs legal assistance in relation to a divorce, call us now and book in a free first interview. We can help.

Our Families and Separation team

Related Articles

Child Support – What you need to know
Avoid nasty taxation surprises in Family Law settlements
Can you be separated and live under the same roof?

If you need more information or have any queries please feel free to contact us with the details below or fill out our enquiry form.





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