Family Law

FAMILY LAW IS MORE THAN JUST A DIVORCE – FIND OUT MORE.

Family Law is more than just a divorce – So what is it? And how can we help?

First we should talk about different life stages and scenarios:

  1. Are you in a new relationship? Then Family Law might mean entering into a Binding Financial Agreement so you can agree on your financial relationship for during the relationship and to plan for if the relationship were to end.
  2. Are you pregnant or trying for a baby? You may need legal advice on parentage, IVF or surrogacy.
  3. Are you in a relationship and wanting to secure your families future? While not strictly ‘family law’, putting in place your Estate Plan is protecting your family.
  4. Are you separating? We can advise you on protecting your assets. You may or may not want to divorce. In Australia you can have a property split without being divorced. However, we would strongly recommend you seek legal advice so that you can understand the legal implications of separation without divorce. This is a time when we would also discuss your Estate Plan.
  5. Are you divorcing? We can guide you through this difficult time, help you with your Divorce Application, help protect your assets, advise on property and parenting to get you the best results.
  6. Are you co-parenting? We can explain the types of agreements available, negotiate your parenting arrangements or advocate for you in Court (if necessary).
  7. Do you need to move with your children? We can advise and represent you in relocation matters.
  8. Has the other parent withheld your children? We can advise and represent you in recovering your children.
  9. Is the other parent not following the Court Orders? We can advise and represent you in contravention proceedings.
  10. Have you removed your child from another Country? We have experience in representing the ‘abducting parent’.

Family law can be about us helping you

  1. protect the assets and wealth you have accumulated before your relationship;
  2. determine financial matters during your relationship;
  3. understand your rights and responsibilities in any number of scenarios;
  4. protect yourself against domestic violence or family violence;
  5. protect your children;
  6. negotiate and formalise your cooperative co-parenting
  7. formalise agreements on property or children into Binding Financial Agreements;
  8. by giving independent advice on Binding Financial Agreements;
  9. formalise agreements on property or children into Consent Orders;
  10. by giving advice on assets, businesses, superannuation and Trusts.

Obtaining timely Family Law advice can make sure you, your family or children make the best decisions with the right advice.

We work with you to make sure that you protect what is important to you and that we achieve your family law goals together.

Family Law is about creating certainty for you and your family.

The Alternative is that your Family Law matter is unnecessarily litigated through our Courts. This is a long, stressful, costly and protracted process – best avoided! It is not always possible to avoid litigation and when necessary we will strongly advocate for you in Court. We will always be upfront with your prospects of success and costs before we litigate your matter.

Get the right advice so that you don’t suffer consequences that can often be dire –

  • if you are separated, but not divorced, an estranged ex-spouse receives all your assets
  • your long-term de-facto has to litigate that ex-spouse (with the risk, legal costs and stress of going to Court)
  • if you pass away your estranged or abusive ex-partner will automatically become your children’s guardian
  • if you are married and pass away without a formal property split, an ex-spouse may make claims on your assets
  • without formal Orders for your children your ex-spouse automatically has shared parental responsibility for your children.

If you pass away you may find that your ex-spouse automatically gets custody of your children – this may be the opposite of what you want! Why not take the time to formalise parenting, such that an absent or abusive parent is not guardian and you make sure that someone you trust, who knows you, your values, and your children’s needs steps in.

The same applies for financial decisions – where you can save your family and loved ones from the time, stress and expense of a Family or Supreme Court legal actions, by taking steps now!

Discussions around protecting your family, protecting your assets, protecting your business and planning for your life stages are worth having. We are here to provide you with the legal advice you need and the support you want.

That’s why, when you’re ready you can give us a call!

You can call our family lawyers in Mona Vale on 02 9151 7339 or call our family lawyers us in Gosford on 02 4308 8892

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