Our Family Law team provides practical and realistic advice, focused on your particular needs. We understand that each family is unique, and that family law issues affect all members of the family, including children, grandparents and other relatives. 

We aim for the timely resolution of problem situations - minimising emotional and financial costs in the process.  We can advise and assist you in the following areas:

• marriage and de facto relationships (including same sex relationships)
• financial agreements before, during or after a marriage or de facto relationship
• separation
• property settlements
• complex financial settlements including companies and business structures, trusts and superannuation
• children and parenting issues (“custody” and “access”)
• collaborative law
• child support and maintenance
• divorce
• intervention orders

Seeking advice before marriage or before separation can minimise the risk of problems later. If you are thinking of separating, we can advise you what to expect so that you are better able to deal with the likely impact on your finances, children and lifestyle.

Marriage and de facto relationships

Our first aim is to help you avoid problems where possible.

Where disputes do occur, we aim to resolve them through sensible, negotiated settlements. This is usually the best overall outcome - it keeps costs and stress down, and best preserves any ongoing dealings with your partner. This is especially important where children are involved.

If it is not possible to reach an agreement, we have the skills and experience to act decisively on your behalf in court proceedings.  

Financial agreements before marriage, or before living together

When we marry or start living together, we intend our relationship to last forever. However, we know that, despite everyone’s best intentions, many relationships do not last.

If you plan to marry or live with someone, it might be helpful for you and your partner to consider how your property would be divided if you separate in the future.

That agreement can then be documented as a Financial Agreement. Financial Agreements can be prepared before people marry or live together, or even while they are together.

Separation

We understand that separation is an enormously stressful time for everyone involved. What people need most is advice about what the law is, how it works, and what it means for them. We will advise you in a way that gives a real understanding of what to expect and how to work towards a solution that everyone can live with.

Property and Financial settlements

Our lives and finances are becoming more complicated. A financial settlement may need to cover a wide range of things including:

• The family home
• Investment properties and shareholdings. Often there are taxation consequences that need to be considered as part of any settlement.
• Trust, company and partnership structures. If one person is retaining the structure, care needs to be taken to properly remove the other party from ongoing involvement in the entity. The person stepping out of the entity needs to make sure they are protected against any future liabilities of the entity.
• Businesses and farming enterprises. Property settlements may need to ensure the ongoing viability of the business or farming enterprise to ensure ongoing income for the family.

Superannuation

Superannuation may be split between separating spouses or one spouse may keep more of the superannuation and the other spouse may keep more of other assets. Self-managed superannuation funds are becoming more common and need particular attention.

There are many factors to consider with property and financial settlements, including:

• each person’s contribution during the relationship (both financial and non-financial)
• future needs
• type of relationship – marriage or de facto relationship.  (The government has proposed some changes to the law which may result in financial settlements for de facto couples being similar to those for married couples.)

If you are contemplating a separation, contact us for advice before agreeing to a financial settlement.

Children

Parents may need guidance when making arrangements for how much time children spend with each parent.

Often a child lives mainly with one parent and spends time with the other parent. Sometimes a child spends equal time with each parent. Whatever arrangements are considered, they need to suit the child's needs.

Grandparents, or others who are significant in the children's lives, may want to make sure they continue to see the children even after a separation.

We can also advise you about obligations to provide financial support for the children and each other.

If appropriate, we can refer people to counselling services to help with this process.

Collaborative law

Collaborative law is a new way of resolving family law disputes. Parties and their lawyers commit to resolving their issues through a series of structured negotiations outside the Court process.

Instead of the traditional focus on each party’s  rights and entitlements, the negotiations are directed to achieving outcomes that will meet the emotional and financial needs of both parties.

The process requires the involvement of experienced family lawyers who are trained in collaborative law. Our family lawyers have undertaken advanced collaborative law training and are members of Collaborative Professionals Victoria.

Child support and maintenance

Significant changes are being introduced to the child support system from 1 July 2008. We can advise you about these changes and how they will affect you.

Many parents agree on their own arrangements for child support. We can help you formalise those arrangements through a Child Support Agreement. It is important to obtain advice before entering into a Child Support Agreement as the terms of the agreement may be in place for many years.

We can also advise and help you with applications for spousal maintenance and adult child maintenance. 

Divorce

Many people are able to file divorce applications themselves. We can help you to complete and lodge an application yourself if you wish. If you do not want to prepare the application yourself and serve it on your spouse, we can do this for you. We always attend divorce hearings for our clients to ensure that the divorce is granted as quickly as possible.

Some divorces are more complicated, for instance where you have continued to live together in the same house after separating. In these situations, we can prepare the necessary additional documentation to satisfy the requirements for obtaining a divorce. 

If your spouse has made an Application, we can assist you in responding to or opposing that Application if necessary.

Intervention orders

Applying for an intervention order is a serious decision. It often follows an unpleasant incident within a relationship, which in turn causes additional stress to all those involved.  Our experienced Family Law team understands how difficult this process can be, and will work with you to minimise the impact on you, your children and other family members.

If you have been served with an intervention order, we can advise you of your options and help you to defend allegations which have been made against you.

Accredited Specialists

Our family lawyers are Law Institute of Victoria Accredited Specialists in Family Law.

Accredited Specialists prove their expertise by passing a comprehensive examination process which tests their technical knowledge, and practical advocacy skills. They must also have extensive experience in their specialist area and are required to re-apply for accreditation every three years.

Initial Appointment

At our first meeting with you we will help you understand your legal position and give you options for moving forward.

Even if you do not wish to take any immediate action, you will leave your initial meeting with a better understanding of how the law applies to you and the different pathways you can take to resolve your matter.