Family Law

The Family Law Act covers married couples, de facto, same sex couples, single parents, parenting and property matters.

 

It is wise to see a lawyer experienced in Family Law earlier rather than later.  This can even be when a party is considering separating.  Every case is different from another.  What your neighbour or relative experience will be seen differently in law.  Further a client needs to be aware that Family Law is a changing phenomenon; legislation changes as does the case law defining and guiding the lawyers and judges on outcomes.

 

The client needs to be aware of deadlines.  The client may also need to be warned about detrimental actions being carried out by the other party.  If the client is not aware of their rights then acting or sitting on their rights before being advised may lead to much more complex and possibly expensive cases down the track.

 

As we encourage mediation, negotiation and finally an agreement between the parties, many of our cases do not end up being contested in court.  This is positive for the client as it is frequently less expensive and less traumatic.

 

Children

 

The law's guiding principle is to act in the best interest for the children.

 

The Family Law Act encourages access for the children to both their parents and if it is the case to other significant people in their lives as well.  Every case is different and the practicalities and wishes of the parties are taken into consideration.  It is important to realise sooner than later that children may be harmed if the parents do not resolve to act professionally toward each other when the children are in the vicinity or can become aware of any conflict between their parents.

 

We focus on the long term results for our clients.  There is something in the saying that "it is better to win the war rather than the battle".  We hope to provide an oversight that helps our client keep focused for their children and their future well-being.

 

Assets

 

It is wise to receive legal advice on the division of family law property.  Unless there are court orders a matter could be open for far longer than a client may anticipate.

 

It is better to begin resolving the property issues as soon as a couple separate.  Deadlines are involved and it may prevent a party from obtaining their rights.  On the other hand not dealing with them legally may leave doors open for future problems related to property divisions.

 

Assets are defined widely and as a result the Family Court has significant powers relating to property.  Property held in Trust, Trusts,  overseas or interstate is also included or when a person is being declared bankrupt.  A spouse hiding property may discover the Family Court has much more power than they believed and to their detriment.

 

Superannuation is also not exempt and is dealt with under the umbrella of Family Law.