Family and Defacto Relationship Law
Family Lawyers Noosa, Sunshine Coast Qld
Separation
Separating from a spouse or de facto partner can be stressful and brings with it many issues to consider and manage. The most common areas of dispute relate to parenting issues (where the couple have children), property issues, financial support and domestic violence/abuse. Seeking early advice from our accredited specialist family law solicitor will give you an overview of your legal entitlements and obligations so you will be better placed to make informed decisions. We will be there to guide and support you, and to ensure that your interests are protected.
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Divorce
“Divorce” is often misunderstood as an all-encompassing process that deals with all aspects of a marriage breakdown, including parenting issues and financial matters such as a property settlement However, getting divorced merely means formally ending the marriage – nothing more. In Australia, we have a no-fault divorce system, so neither spouse is required to prove that the other spouse is to blame for the marriage breakdown. Our family law solicitor can assist you to obtain a divorce.
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Children and Parenting
One unfortunate consequence of the breakdown of some adult relationships is the disruption to, and rearrangement of, children’s lives. It is important to make arrangements regarding the future care, welfare and development of your children as quickly and amicably as possible. Having clear parenting arrangements in place for your children is essential in a time of such upheaval. Trying to resolve disputes through negotiation, including mediation, should be fully explored before considering costly court proceedings. Our accredited specialist family lawyer can assist you with a range of parenting issues.
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Property Settlement
A property settlement concerns the division of assets, liabilities and financial resources between a separated couple (married or de facto – including same sex couples) to legally finalise their financial affairs. Working out what you are entitled to can be a complicated exercise. It is important to obtain early legal advice, so you understand what your entitlements are likely to be. Most family law property settlements are finalised without going to court. Our experienced family law solicitor is skilled in various forms of family dispute resolution and can help set you on the right path to achieve a good outcome.
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Financial Agreements
Financial Agreements (commonly called Binding Financial Agreements) are legal contracts made under the Family Law Act. The main focus of most Financial Agreements is how assets and liabilities will be divided in the event that a marriage or relationship ends, and sometimes the payment of spouse maintenance (financial support) by one spouse/partner to the other following separation. Some Financial Agreements are used to “plan ahead” at the start of a new relationship or marriage, while others are used to formalise negotiated financial settlements at the end of a de facto relationship or marriage. The law and processes surrounding these Agreements are complex. Our family law specialist has many years’ experience in preparing, reviewing and advising upon Financial Agreements.
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Mediation and Family Dispute Resolution
Family Dispute Resolution, or Mediation as it is commonly known in the community, is a process used to attempt to resolve parenting and property disputes outside the court system. Successful FDR will see your dispute resolved far more quickly and cost-effectively than it will be through court proceedings. Our family law accredited specialist lawyer has acted for many clients over the years in resolving their family law disputes, many by means of mediation. Arbitration, another form of dispute resolution, is gaining popularity in family law matters. Basically, the parties to a dispute agree to hand over the decision-making role to an arbitrator, rather than leave it with a Judge. Generally, financial disputes between parties to a marriage or a de facto relationship (including same sex relationships) may be arbitrated. We can represent you in arbitration if this is a course you decide to take with your financial dispute.
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Child Support and Spouse Maintenance
Separation of spouses/de facto partners (including same sex partners) can result in certain financial obligations or entitlements which did not exist before.If the separated couple has children under 18 years of age, the ongoing financial support of the children (called child support) needs to be quickly addressed. Regardless of whether the couple has children, sometimes a spouse maintenance claim arises which will see one party have the right to claim financial support from the other. Our accredited specialist family lawyer has experience with child support and spouse maintenance.
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Domestic Violence and Abuse
Domestic violence or abuse (otherwise known as family violence) exists in some marriages and relationships. There is a misconception that “domestic violence” only means physical violence. Whilst physical violence is certainly one form of domestic violence, others include verbal, emotional, mental and financial abuse of various forms. Although domestic violence is largely perpetrated by men on women, it can also occur in same sex relationships and be inflicted by women on men. Our family law accredited specialist lawyer has experience in supporting and representing applicants and respondents in domestic violence proceedings in court.
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