We are committed to providing expert advice on all areas of Family Law following the breakdown of your marriage or de facto relationship. We appreciate that it may be an uncertain and emotional time. We work closely with you to guide you through every step of the process.

We can provide legal advice and assistance in the following areas:

• Negotiating Family Law settlements – in and out of Court;
• Divorce & Separation;
• Parenting & Children;
• Property Settlement;
• Negotiation & Resolution;
• De Facto Relationships;
• Same-Sex Relationships;
• Superannuation Splitting;
• Mediation & Alternative Dispute Resolution;
• Binding Financial Agreements (BFAs);
• Representation in the Family Court of Australia and Federal Circuit Court.

We understand that no two Family Law matters are the same. We will work with you to gain an in-depth understanding of your unique situation and apply our detailed knowledge of family law to provide you with easy to understand legal advice. From your initial consultation, we will devise a road map to resolution.

Will I have to go to Court?

No. We can work with you to settle your family law matter before going to Court.

What do we do if we reach our own agreement?

If you have reached your own agreement, or we reach an agreement with you, out of Court, we can create legally enforceable documents to reflect the terms of the agreement/settlement. These include:

• Binding Financial Agreements; or
• An Application for Consent Orders with the family law courts.

An Application for Consent Orders sets out the respective financial position of each person and describes the agreement reached in detail. That document is then filed with the Court to receive Court approval. These consent orders may then be enforced.

Who can get a divoce?

You can apply for a divorce in Australia if either you or your spouse:

• regard Australia as your home and intend to live in Australia indefinitely, or
• are an Australian citizen by birth, descent or by grant of Australian citizenship, or
• ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

The Court will also need to be satisfied that you and your spouse have lived seperately for at least 12 months and there is no reasonable likelihood of resuming married life together. Importantly, it is possible to remain living in the same partner with your spouse and still be seperated.

Can I apply to the Court to have my de facto relationship dispute determined?

Yes. The Family Court and the Federal Circuit Court deal with issues related to the children of de facto relationships in the same way as the children of married couples.

For financial disputes parties to an eligible de facto relationship which has broken down can apply to the Family Court or the Federal Circuit Court to have financial matters determined in the same way as married couples. You must apply for de facto financial orders within two years of the breakdown of your relationship. After this time you need the Court’s permission to apply.

How can I get spousal maintenance?

In general, ex-spouses are expected to support themselves following separation. In some cases, such as when one partner is has a high income and the other is unable to work or they are caring for young children, an amount may be payable which would be determined by the Court.

Applications for spousal maintenance must be made to the Court within 12 months of obtaining a divorce.

What happens with my superannuation?

In December 2002 new laws were introduced that enable the Court to divide superannuation between separating spouses. These laws mean that if a property settlement goes to court, the Court considers superannuation as part of the total asset pool and can make Orders to split it according to the recommended division between husband and wife.