Legal proceedings in a family law matter effect all the concerned equally. The emotional price that a family has to pay for the child custody battles, a division of assets and finances, claims of child support and maintenance cannot be underrated.
We are proud to be serving Melbourne’s southern suburbs with our extensive experience in handling family law cases. From whatever part of the southern area you are from; Monash, Bayside, Frankston, Cardinia, Glen Eira, Kingston or others; we want you to know that you can call us for a free consultation without any price tags or obligations attached.
Unlike other areas of law, family laws are highly complex and sensitive matters that deal with relationship breakdowns, children, victims of abusive behaviour of a spouse or family member, claiming for a rightful share in properties and similar such subjects.
Our family lawyers are one of the best lots of lawyers in Melbourne dealing with separation and divorce-related legal matters.
Our legal practice is based on the values upheld by law industry in Australia, in-depth understanding of family laws & their inferences, the primacy of client’s interests and timely justice for the client.
We provide expert legal advice, mediate, negotiate, ready your case with all the details and represent your family dispute case in the court of law. Divorce laws are intricate to understand for the ordinary people without a legal background. The solicitors, specialised in family laws put the relevant laws in quite direct and honest terms, without any place for confusion.
For a marriage to end legally, divorce order is needed from the court declaring divorce being granted to the couple after being satisfied that the relationship has broken down irretrievably and the couple has lived apart for a minimum of 12 months before applying for a divorce.
As such on meeting the required points, divorce is granted without the need to contest it in the court. However, a divorce case gets complicated with disagreement of a spouse over divorce or separation period. If the couple is married outside Australia, deciding the jurisdiction country to file for divorce is not easy.
The de facto or same-sex couple have to register their relationship with the local authorities to gain legal status to their relationship. After which, the relevant family laws regarding property sharing, spousal maintenance, child custody and child support apply to such relationships. For more info on this visit http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/separation-and-divorce/defacto-relationships/
The married couple can file for property settlement in the court within 12 months of the divorce order, whereas the de facto couple needs to file for property settlement within 2 years from the date of their separation.
Such legal aspects and their implications have to be understood by the couple before beginning the legal proceedings.
The courts require the couple to do the groundwork for settling on the arrangement for the children and terms of assets and finances division by themselves and apply for consent orders. The court looks at the agreements to verify they are done under just and fair conditions. The court takes up settlement or claim cases only when it sees discrepancies in the arrangement, or the situation is way too complicated to decide by the couple all by themselves. The judge observes if there are any efforts made by the couple to settle the divorce terms outside of the court through mediation, negotiation or have a binding financial agreement in place.
Many factors go into consideration before the court decides to take a family case for settlement.
Neither the courts nor do we advocate unnecessary jumbling up of family cases. We try our best to leverage our expertise to help the families reach a consensus outside the court to save time, money and emotional hardship.
Going to court might be needed when mediated agreements are not feasible. Since parenting arrangements have to be as quick and easy as possible to avoid triggering insecurity among the children, our lawyers take swift decisions and advise you accordingly. If we feel parental counselling is necessary to help the parents see essential issues in parenting, we arrange for counselling sessions too.
We will do everything we can, as your legal advisor; to help you with the process of separation and divorce.
That’s the reason why we get booked for so many free consultations, and they end up working with us to resolve their family issues rightfully.