Families and Separation

Family Law Matters

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.

Questions you may have…

What can I do if I am prevented from seeing my children?

If you have separated and your ex-partner is not allowing you to see your children, you have options to seek time spending arrangements. This can be done through a mediation process or if required we can assist in initiating the Court process. We are able to guide you through this process and assist in ensuring both parties have a meaningful relationship with the children that are appropriate in the circumstances.

What is a pre-nuptial agreement?

A pre-nuptial agreement, otherwise known as a Binding Financial Agreement under the Family Law Act 1975, is a document that parties can enter into before, in contemplation of or during a marriage or de facto relationship. The agreement specifies what is to occur with the division of assets in the event of separation. We can assist the parties in drafting up these agreements and provide the independent legal advice required to ensure the agreement is valid. Both parties MUST receive independent legal advice for Binding Financial Agreements to be considered valid.

If my partner cheated am I more entitled to more of a property settlement?

In Australia we have a “no fault” system which means that if a partner has cheated during a relationship it will have no effect on the division of assets upon separation. However, there are many different factors the Court does consider in the event of separation and our solicitors can guide you through this process to put your best position forward in ascertaining your rights within a property division upon separation.

When can I get divorced?

In Australia you must be separated from your partner for a period of 12 months before you can file with the Courts for a Divorce. The Divorce Application can be a joint or individual process with the Family Court. Parties can be found to be separated even if living under the same roof. Upon all criteria being met by the Court a Divorce Order is granted one month and one day after the date of the hearing.

Do I need a new Will after separation?

The consequences of having no Will can be significant following separation before you have obtained a divorce. If you are still legally married when you die but have not prepared a valid Will, under the laws of intestacy your spouse may receive the majority of your assets. It is important to seek legal advice on this matter and our solicitors can ensure your assets are protected.

Is my ex-partner entitled to half of my superannuation?

This will be depended on many circumstances such as the length of your relationship. In long relationships it is likely the superannuation accounts of both parties will be equalised. Depending on the length and other circumstances of the relationship this will differ from case to case.

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