Family Law

Navigating parenting issues can be complicated and emotionally challenging. Our experienced team provides expert legal advice tailored to your family’s unique needs and circumstances to ensure the best outcomes for you and your children.

The law regarding children’s arrangements can be complex. We aim to ensure that you are provided guidance through what can be a difficult time for you and your children.

Parenting arrangements can be formalised through parenting plans or parenting orders approved by the Federal Circuit and Family Court of Australia. The best interests of the children will be the paramount consideration in all parenting matters.

A matrimonial or de facto property settlement in Australia is determined by the Family Law Act 1975 (Cth). A property settlement involves the division of assets, liabilities, and financial resources between a couple whose relationship has broken down. Property settlements aim to achieve a fair and equitable outcome and take into account the financial and non-financial contributions made by each party. Non-financial contributions include things like domestic care and support and home maintenance.

You may not need to go to court if you agree on how to divide your property. A property settlement may be negotiated with the assistance of your family lawyer and/or through mediation. Any agreement reached should be formalised, so it is legally binding.

Whatever the circumstances may be between you and your spouse, understanding your rights and options is essential as the division of property will impact your financial future. Our experienced team strives for equitable outcomes in the property settlement process to protect your interests, so that you can start setting yourself up for the future.

The Family Law Act 1975 (Cth) requires you to make attempts to resolving disputes, particularly about parenting matters using a family dispute resolution (FDR) service or Mediator before making an application to a Court. Though there are exceptions to this including for example if your matter is urgent and/or in the event there are reasonable grounds to believe that there has been child abuse and/or family violence by a party.  

You should seek legal advice before deciding what to do. Our solicitors can help you understand your legal rights and responsibilities and explain how the law will apply to your situation. 

Mediation offers a constructive alternative to resolving disputes without the need for protracted and costly legal proceedings. We can help you reach an amicable agreement at mediation by promoting open communication and facilitating mutual understanding whilst ensuring your voice is heard. Even where an agreement cannot be reached, mediation can assist you and the other party to identify the real issues in dispute which can reduce the time and costs involved in a court proceeding. 

Mediation offers a confidential setting where an impartial mediator helps you and your former partner find solutions to your family law matters. Unlike court, mediation doesn’t involve legal advice or a binding decision from the mediator. Its success hinges on both parties’ genuine commitment to negotiate and resolve issues constructively. Benefits include:  

• faster resolution through mutually agreed upon meeting arrangements 

• a less intimidating, informal process allowing for creative problem-solving 

• potential preservation of your relationship, crucial for ongoing co-parenting 

• the opportunity to narrow down disputed matters, even if a full resolution cannot be reached.

To obtain a divorce an application needs to be filed with the Federal Circuit and Family Court of Australia. The application can be submitted online, and in most cases, you won’t need to attend court to have the divorce finalised.

Before applying, you and your spouse will need to have been separated for at least 12 months.

In some cases, you may be separated while still living under the same roof – if this applies to you, we can discuss the additional information required.

A divorce does not impact your entitlements to your children, or with respect to property as a divorce application is simply the legal process of dissolving the marriage. You should obtain legal advice from an experienced family lawyer to best understand your rights and responsibilities before you make an application for a divorce.

The ending of a marriage is a challenging time. We can take the stress out of the legal aspects of the divorce process so you can move forward independently.

If you or someone you know is experiencing family/domestic violence, don’t wait to seek help. Domestic and Family violence is actual or threatened conduct by a family member towards another family member that causes the affected person to fear for their safety or wellbeing. It can include physical or sexual abuse, emotional or psychological abuse, economic abuse, coercive or controlling behaviours causing fear for that person’s safety or the safety of someone else. A child is exposed to family violence if he or she hears or experiences the effects of family violence.

Our compassionate legal team is here to provide the guidance and support you need to navigate this difficult time. We offer confidential consultations, support resources and experienced tailored advice.