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Family lawyers on your side…
Dealing with family law issues, such as separation and divorce, can
be enormously stressful. The stress also affects other members of your
family, including children, grandparents and other relatives.
We’ll help you know where you stand…
Our family lawyers
provide practical, realistic advice about the legal system – informing
you of all the options available to you. Our lawyers will clearly
explain how the process works. This will relieve you of the stress of
not knowing what comes next and give you real peace of mind.
Seeing our family lawyers doesn’t mean you’ll end up in Court…
Our family lawyers help most of our clients reach an agreement about
family law matters without going to Family Court. There are many
different pathways to resolving a family law dispute - we can assist
you to choose the best approach for your particular circumstances.
Our role as a trusted advisor sets us apart…
We focus
on providing you with down to earth advice, tailored to your particular
life situation. This means you won’t waste energy, time and money
pursuing an outcome which is unachievable. So you’ll end up with the
best result possible for you and your family.
Our family lawyers aim to resolve problem situations in a timely manner – this minimises your financial and emotional costs.
We advise and assist in all areas of family law including:
Separation
Marriage and de facto relationships (including same sex relationships)
Our focus is on resolving relationship disputes through sensible,
negotiated settlements. We avoid long, drawn out ‘battles’ wherever
possible, in order to minimise the emotional impact on you.
Our family lawyers believe that negotiated settlements offer the
best overall outcome: they minimise stress and costs, and give you the
best chance of maintaining a cordial relationship with your partner
going forward. Where children are involved and parents need to continue
to communicate for many years to come, this is especially important.
If it’s not possible to reach an agreement, and Family Court proceedings are necessary, our family law-accredited legal team have the skills and tenacity to act decisively and assertively on your behalf.
Separation
If
you are thinking of separating or have separated, our experienced
family lawyers can advise you about your legal rights and entitlements.
We understand that separation is stressful time. You will need to
know how family law works, and what it means for your particular
situation. Our family lawyers provide clear and practical advice so
that you have a real understanding of what to expect, and how to work
towards an outcome that everyone can live with.
If you have already separated, we recommend that you see our family
lawyers as soon as possible so we can help you take action in relation
to your finances, children and lifestyle.
If you are thinking of separating, seeing our family lawyers before
you separate can give you more options and, if you do separate, help
avoid complications later and make the process of separating easier and
smoother.
Divorce
If you would like to file a Divorce Application yourself, we can help you with this.
Alternatively, if you want to avoid the stress and hassle of filing
the Divorce Application, we can prepare the Divorce Application, serve
it on your spouse and finalise the divorce process for you. Our family
lawyers always attend divorce hearings for our clients to ensure that
the divorce is granted as quickly as possible.
Sometimes a divorce can be more complicated, for instance if a
couple has continued to live together in the same house after
separating. In that situation, our family lawyers can prepare the
further documents needed to satisfy the Family Court requirements and
obtain the divorce.
If your spouse has made an Application for Divorce, we can help you
respond to the Divorce Application or even oppose the Divorce
Application if necessary.
Intervention Orders
It is a serious decision to apply for an Intervention Order. It often
follows an unpleasant and distressing event within a relationship. Our
family lawyers understand how difficult these incidents are and how
they increase any tensions which already exist. Our family lawyers will
advise you whether an Intervention Order will be appropriate for your
situation. They will also work with you to reduce the impact of the
distressing event on you, your children and other family members.
If you have been served with an Intervention Order, our family
lawyers can advise you of your options and assist you in defending the
allegations made against you.
Children and Parenting
Children and parental responsibilities (custody and access)
At separation, one of the first priorities for parents is their
children’s living arrangements. Our experienced family lawyers can
assist you with your discussions with your partner about parenting
issues, and help you to reach an agreement. We can also refer you to
counselling services to help with this process if appropriate.
For some families, the optimum arrangement is for a child to live
mainly with one parent and spend times with the other parent. For other
families, it works better if a child lives equal time with each parent.
What is most important is that the arrangements suit the child’s needs.
If you and your partner are able to reach an agreement about
parenting matters, we can formalise the agreement by obtaining Consent
Orders in the Family Court. You and your partner will not need to go to
Court for the Orders to be made. However, Court Orders are not
necessary for everyone. Our family lawyers can talk to you about
whether they will be helpful in your situation. Our family lawyers can
also advise you about parenting plans and other more informal
agreements about parenting matters.
Grandparents, or other people who play a significant role in
children’s lives, may want to make sure they continue to spend time
with the children even after a separation. Our family lawyers have
experience acting for relatives of children in a wide range of
situations, including where parents are themselves unable to care for
children.
If you and your partner are unable to agree about parenting matters,
or if there are urgent issues that need to be addressed, it may be
necessary to start proceedings in the Family Court. Our skilled family
lawyers can represent you in Court and assist you through what can
otherwise be a confusing process. With our experience and expertise you
can be confident that your case will be presented to the Court in a way
that places you in the best position to achieve your desired outcome.
Our family lawyers can also provide you with information about obligations to provide financial support for your children.
Child support and child maintenance
Many parents are able to agree their own arrangements for child
support. We can advise you about the types of arrangements might be
appropriate for your circumstances and assist you in formalising those
arrangements through a Child Support Agreement. It is essential to
obtain advice before entering into a Child Support Agreement as the
terms of the agreement could be in place for many years.
Our family lawyers can also advise you about applications for child
maintenance if your children are aged over 18 years and still need
financial support. This is often the case if your children are still
studying or have a disability. If Family Court proceedings are
necessary in relation to adult child maintenance, we can provide you
with expert representation in those proceedings.
Financial and Property Matters
Property and Financial settlements
Our lives and
finances have become more complicated. A property settlement may need
to cover a wide range of assets including:
- The home. Decisions will need to be made about whether the home will be sold or whether one person will keep it.
- Investment properties and shares. Often there are tax implications that need to be considered as part of any financial settlement.
- Trust, company and partnership structures. If you are
stepping out of the entity, our experienced family lawyers will make
sure you are protected against any future liabilities of the entity. If
you are retaining the entity, we will ensure that your partner is
properly removed from ongoing involvement in the entity.
- Businesses and farms. Property settlements may need
to ensure the ongoing viability of the business or farm to provide
continuing income for the family.
- Superannuation. Superannuation can be split between you and
your partner. Alternatively, one of you may keep more of the
superannuation and the other may keep more of the remaining assets.
Self managed superannuation funds have become more common in recent
years and need special attention.
There are many factors to take into account in property and financial settlements, including:
- Contributions during the relationship (both financial and non-financial); and
- Future needs, including earning capacity, ongoing care of children,
and other financial resources that may be available.
Whether you are thinking about separation or have already separated,
contact our experienced family lawyers for advice about your rights and
entitlements before agreeing to a property settlement.
Our family lawyers can assist you in your negotiations with your
partner and help you reach an agreement about a financial settlement.
After meeting with us, you might decide to have direct discussions with
your partner to try and reach an agreement, or you might want our
family lawyers to negotiate with your partner or their lawyer on your
behalf. Our family lawyers will advise you about the best way of
achieving an agreement in your particular situation.
Once you and your partner reach an agreement about your property and
financial matters, our family lawyers can prepare the documents needed
to finalise the property settlement. This will protect you from further
claims from your partner in the future. You can rely on our skilled
family lawyers to implement the agreement including taking care of all
property transfers, share transfers and any changes to companies or
trusts.
We prefer to resolve property and financial matters by agreement
wherever possible. This minimises your stress and legal costs.
Unfortunately, sometimes it is not possible to agree about property and
financial matters. This might be because the other person refuses to
negotiate, takes an unreasonable position or threatens to destroy or
dispose of assets. In those situations, Family Court proceedings may be
necessary. We have the skills and experience to represent you in the
Family Court and act decisively and assertively on your behalf.
Spousal maintenance
You may be required to pay financial support to your partner in the
form of spousal maintenance. This is separate from child support and
child maintenance. Or, your may be entitled to seek spousal
maintenance from your partner.
Unlike child support, spousal maintenance is not an automatic
entitlement. Our family lawyers can advise you whether it is likely to
be an issue for you, depending on your financial situation.
Protection of Assets
Financial agreements (pre-nuptial agreements and cohabitation agreements)
When a couple marries or starts living together, they intend their
relationship to last forever. However we know that, despite everyone’s
best intentions, many relationships don’t last.
If you plan to marry or start living with your partner, it can be a
good idea to think about how you would like your property to be divided
if you and your partner were to separate in the future. Those
arrangements can then be formalised in a pre-nuptial agreement, also
called a ‘Financial Agreement’, or a ‘Binding Financial Agreement’.
Pre-nuptial or Financial Agreements can be prepared before you marry
or start living with your partner. They can also be done while you and
your partner are already together.
Our family lawyers can give you advice about what should be included
in a Financial Agreement. We can also assist you in reaching an
agreement with your partner. Importantly, our family lawyers will give
you detailed advice so that you fully understand the legal implications
of any Financial Agreement.
There are strict requirements for Financial Agreements to be
binding. Our family lawyers are very experienced in negotiating and
preparing Financial Agreements to the highest standard. You benefit
from our skills and experience by getting the best protection.
Financial Agreements are not just for the rich and famous. More and
more people are entering into Financial Agreements to protect their
assets and wealth and to avoid costly and stressful disputes if they
separate in the future.
Please click here for our information sheet on Pre-nuptial and Cohabitation Agreements
Collaborative Law
Collaborative law is a relatively new way of resolving family law
disputes. Parties and their lawyers commit to resolving their issues
through a series of structured meetings outside of the Family Court
process.
Instead of the traditional focus on each party’s legal positions,
the negotiations are directed to achieving outcomes that will meet the
emotional and financial needs of both parties. This is sometimes
referred to as ‘interest based negotiation’.
The process requires the involvement of experienced family lawyers trained in collaborative law. Wendy Jenkins and Marita Bajinskis have undertaken advanced training in collaborative law and are members of Collaborative Professionals Victoria.
About Our Team: Accredited Specialists in Family Law
Wendy Jenkins and Marita Bajinskis
are Law Institute of Victoria Accredited Specialists in Family Law.
Accredited Specialists are required to prove their expertise by passing
a comprehensive examination process, testing their technical knowledge
and practical skills. Accredited Specialists must also have extensive
experience in their specialist area and are required to re-apply for
accreditation every three years.
Initial Appointment
At your first meeting our family
lawyers will help you understand your legal rights and entitlements and
give you options for moving forward. Even if you don’t want to take any
immediate action, you will leave your first meeting with our family
lawyers with a better understanding of how family law applies to you
and the different pathways you can take to resolve issues.
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