Family Law
After decades as a specialist in this area Barbara no longer takes on Family Law matters requiring Court Trials. However, not to waste all that expertise and experience, we provide initial advice, mediations, binding financial agreements, mediation and arbitration and will work with you until the conclusion of your matter.
Property Settlements
Property division between separated parties in any kind of relationship – marriage, de facto, same-sex or otherwise – is decided according to the Family Law Act 1975 (Cth).
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The division of assets after separation can be achieved through a binding financial agreement, consent orders or court proceedings. Most family law property settlements are finalised without going to court, which should only be considered as a last resort.
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Separating couples are encouraged to settle their property issues amicably and full disclosure is essential. When negotiating how property should be divided after a break-up the same steps that a court would take are generally applied.
These are:
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identifying the parties’ assets, liabilities and financial resources;
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assessing the parties’ respective financial and non-financial contributions;
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evaluating the parties’ future needs including their relative earning capacities, state of health, education and responsibilities as primary carer of any children;
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making just and equitable orders in consideration of all circumstances.
Divorce
To legally end a marriage, an application is made to the court. Australia has a no-fault divorce system and the court is not concerned with attributing blame.
To obtain a divorce order:
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the marriage must have broken down with no likelihood of reconciliation;
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the parties must have lived separately and apart for a continuous period of 12 months;​
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if there are children under the age of 18 years, the court must be satisfied
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that appropriate arrangements are in place for their care and wellbeing.​
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In determining whether a couple has lived apart for 12 months, the court recognises that there are many reasons why a couple may live under the same roof, despite their decision to separate. This may be for practical, financial, religious, cultural or other reasons.
Children's Matters
We understand that separation can be very distressing, and when children are involved, emotions run high. The last place you want to be after separating is in court fighting over the children you both love.
The best interests of the children are the paramount consideration in any family law children’s matter and children are entitled to have a meaningful relationship with both parents. Unless extenuating circumstances exist, there is a presumption of shared parental responsibility.
Parents and caregivers should make genuine efforts to resolve disputes regarding children’s arrangements and may do so through considered negotiation with the assistance of their legal advisors. Agreements may then be set out in parenting plans or consent orders.
Consent orders must be approved by the court and are legally enforceable. Parenting plans are not approved by the court but may be taken into consideration in any subsequent court proceedings concerning the children.
