Family law

 

Header Family Law

Sensitivity and respect are the hallmarks of our family law services.

We appreciate that when clients are in need of a family lawyer, they are often in a stressful situation and need clear guidance regarding their rights and obligations.

Our family law specialists can help put your mind at ease, bringing their considerable experience to such areas as:

Adoption

We prepare applications for adoption under the Adoption Act 1955 and appear in the Family Court for the hearing of such applications. Our family lawyers can also provide independent advice to birth mothers and fathers who are being asked to sign a consent to a proposed adoption.

Parenting and guardianship

We represents clients in parenting and guardianship disputes under the Care of Children Act 2004.

Family violence

We act for both applicants and respondents in proceedings under the Family Violence Act 2018.

Prenuptial/Contracting out agreements

Couples can contract out of the Property (Relationships) Act 1976 either entirely, or in part, and reach their own agreement on how their property will be divided in the event of a separation. While such agreements are usually completed at the beginning of a relationship, they can be entered into at any time during the relationship. They are useful where there are assets to protect by one or both parties. There are strict legislative requirements that must be complied with to ensure these agreements are legally binding and enforceable. We can draft the agreement for you, or provide you with advice if you are given an agreement to sign.

Separation and relationship property

Upon a separation or death, the division of relationship property is governed by the Property (Relationships) Act 1976. This Act applies to married couples, de facto couples and those in a civil union.

We can advise you on your entitlement under the legislation and negotiate resolution of the division of property. If you can reach agreement on the division of your property then you can enter into a Separation Agreement, which we can draft for you. For an agreement to be legally binding and enforceable it must comply with the requirements of the legislation.

If it is not possible to reach agreement on the division of property, then an application can be made to the Family Court asking the Court to divide your property. We can draft the Court applications and represent you throughout the process. If necessary, we can also prepare urgent Court applications to stop property being sold or disposed of. If you are served with Court applications, we can assist you in defending the proceedings.

Dissolution of marriage

A dissolution of marriage (divorce) can be obtained once a married or civil union couple have been separated for two years. Aside from simply obtaining the dissolution, couples also need to consider arrangements for the care of their children as well as the division of their relationship property. We can provide you with advice on the process.