Divorce & Family

Lawyers in Sydney, Leichhardt and NSW

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Family

Family matters are a period of great stress, hurt, worry and life change. We appreciate this and our sympathetic and compassionate experienced family lawyers can guide you through each stage of the process ensuring your best interests are met.

We deal with:

Divorce

Our experienced divorce lawyers appreciate that deciding to end a marriage is perhaps one of the most difficult decisions you have ever made. Our divorce lawyers can talk you through the divorce process sympathetically advising you on your rights and your options and your legal entitlements.
It is possible for any couple to ask the Courts for a divorce. You do not have to state the reason for the divorce and divulge uncomfortable issues if you do not chose to, it is sufficient to say the relationship has irrevocably broken down. However, before a divorce is granted the court must be satisfied that if there are children under the age of 18 that suitable arrangements have been made for their welfare.
Also if you have been married for less than two years however, the Court will require proof that you have attempted counselling.
Our divorce lawyers appreciate that you will have concerns about the kids, the matrimonial home and the finances when going through a divorce and our experienced divorce lawyers will be there to help you through the legal process.

Ending a De-facto Relationship

Just because you were never legally tied the knot, it doesn’t make you any less effected by a separation than those who are legally married.
You are in a de-facto relationship if you have been living together for more than two years (or shorter if there is a child of the relationship. This type of relationship is increasingly common with couples living together for long periods of time without ever legally getting married. Sometimes the couple will own property together or other assets and that property will need to be divided. There may also be circumstances where, like a married couple, the court will consider whether one party needs to pay support to the other party following a break-up.
If you are in a de-facto relationship prior to seeking the Courts help following a breakup you are requested to work out a form of agreement between yourselves. Our experience family lawyers can assist you in this process and sympathetically guide you along the way.

Parenting Orders

A parenting order is an order made by the court in relation to any children of the marriage and will include matters such as who the child is to live with, how often they will visit with the other parent, what way communication will take place such as telephone calls. The maintenance of the child (i.e. child support) and any other matter the court feels relevant to the welfare of the child. The parenting order can even order that the parties consult with a family dispute resolution practitioner.
Before making any order the court requires that you attend family dispute resolution in order to attempt to resolve these issues between yourselves.
Our experienced family lawyers can guide you through this whole procedure from beginning to end, advising you on your options each step of the way.

Preparing financial agreements

When a relationship such as a marriage or a de-facto breaks down the parties can enter into a binding financial agreement to address issues such as property division, support and superannuation. The agreement is drafted between the parties and must be drafted in a way which is valid and be signed by both parties in order for it to be binding. Our family lawyers can ensure that the agreement is validly drafted and advise you on your rights and obligations.
The agreement is not registered with the court and is signed with the consent of both parties, however, the agreement can be overturned if circumstances change or if important information was not disclosed by the parties. Our experienced family lawyers can guide you through this process.
Our family lawyers can also assist you if you want to have a financial agreement which you previously signed overturned.
Also you may enter into a financial agreement at any time prior to or during the marriage, which sets out in the event of a break-up how assets are to be dealt with. Our experienced family lawyers can assist you in this.

Distribution of Property

The end of a relationship means in most cases the division of property which can include the matrimonial home, investment property, furniture and other household items, cars and even garden furniture. Also debts will need to be legally divided.
You are required to work this out among yourselves at first. If the matter cannot be agreed then it will go to dispute resolution. What the court is looking for is a form of agreement between both of you in order that the agreement may be brought before the court and the court can make what is referred to as a consent order. This essentially means that the court is making an order which you have both consented to and the court is not taking matters into its own hands.
Regardless of what interest you currently hold in property at the time of a break-up a court under section 79 of the Family Law Act 1975 can vary that interest held. This may mean that you could end up with a greater or indeed lesser interest in property that you currently hold. Our experienced family lawyers can assist you with this and advise you on your rights and entitlements.
Above are just some of the family law areas that we can assist you with but our experienced family lawyers can assist you on any area of family law.
We offer fixed fees for family law work and our experienced family lawyer will discuss this with you during your first free consultation.