Working out the arrangements for your children after separation is important. It includes all sorts of things such as where they will live, who they will spend time with and who will pay for them. Family Law legislation in Australia focuses on the rights of children to have a meaningful relationship with both their parents provided that relationship is free from harm. Often parents do not want the formality of binding Orders for their children - rather they want to reflect their agreement for ongoing arrangements through a Parenting Plan. Whilst this is not a binding document, it is useful to set out what will happen for your children so that everyone knows where they stand, whilst also being flexible enough to change if your circumstances change. We can draft a Parenting Plan for you at a fixed fee.
Arrangements for your children, once agreed, can be also be drafted into Consent Orders. This is a formal document that is filed with the Family Court and once issued, becomes a binding document that both parents must comply with. Consent Orders give you more certainty and recourse if not followed. An appearance in Court is not usually required and we can draft the necessary documents in a quick timeframe. We only draft Consent Orders for a fixed fee. Call us to discuss the agreement you have reached with your ex partner or if you would like assistance getting to that point. We are experts in generating solutions that are outside the box.
Family Dispute Resolution (or FDR) is mediation specifically designed to assist parents to reach agreement regarding the arrangements for their children following separation. We work with a wide range of experienced mediators and can walk you through the process. We can be involved at any time throughout the mediation process, or just at the end when you need your agreement formalised. We will provide you with a quote for each step of the process so you know what your costs will be from the start.
We consider Court proceedings to be a last resort when it comes to children, but sometimes it is necessary to take that step. We can assist you in drafting effective and appropriate Court documents to ensure you have the best chance of achieving the Orders you seek and appear in Court to advocate on your behalf. Because we are experts in the field, we know what works and what doesn't and we will do this work for a fixed fee.
The quickest and cheapest way to finalise the division of your property with your ex-partner, following separation, is to reach an agreement and draft this into Consent Orders. Consent Orders are a binding document that is issued by the Family Court once your agreement has been considered and determined to be a fair outcome. A Court appearance is not required. Due to their final and binding nature, these Orders can be tricky to draft but we do them all the time and we know how to get them right. Plus, if you want to include an Order for some of your superannuation to be split, there are certain steps that must be taken to make this happen. Consent Orders can also avoid the payment of stamp duty if property is to be transferred. We can provide a fixed fee quote to draft Consent Orders with a quick turnaround, often in a week or so.
The only other way that you can finalise your property settlement agreement is through a Binding Financial Agreement. This is a private contract between you and your ex-partner that must be prepared ad executed in accordance with strict statutory guidelines. For example, unlike Consent Orders, both parties must have their own independent legal advice, preferably from an experienced Famiy Lawyer. These Agreements can be drawn up before you live together (often called a Pre-Nup), during your relationship or after you separate. We can draft these documents and we can review them, if you are presented with one. We can provide a fixed fee quote to do this for you.
If you are unable to reach an agreement with your ex partner, we recommend mediation in most cases. We can work with you to determine all the steps before you get to mediation, including putting you in touch with a suitable mediator, and we can accompany you on the day. We specialise in guiding clients to reach collaborative and respectful outcomes - one that you can live with to move on with your life without spending all your money on lawyer's fees in the process. We ONLY do fixed fees so will you know the costs upfront.
Sometimes Court is the only option available. Although it is a more expensive option, it is sometimes necessary. We will always work hard to explore all other options for settlement prior to heading to Court. But if it is the best option available we will advocate to the best of our ability. We can work with other lawyers to generate solutions and put your best case forward. And we will do this at a fixed fee, to draft your Court material and appear in Court on your behalf.
The definition of Domestic Violence was recently changed to include a wide range of behaviours in intimate and family violence Now behaviours such as stalking, emotional and psychological abuse, economic abuse and control, and threatening an animal fall under the definition of Domestic Violence. We can help you and children if you are experiencing Domestic Violence. We can draft the necessary Protection Order Application and file this on your behalf as well as appear at any Court dates for you. We can prepare other Court documentation such as Affidavits and Subpoenas.
We know that the emotional and psychological impact of Domestic Violence can feel crippling and that’s where we come in. We can take charge of the legal and practical side so that you can focus on the healing. Call us - we can help.
Did you know that if you are a victim of Domestic Violence then you are a victim of a crime? Often the financial impact of this crime - medical treatment, relocation, counselling - can feel overwhelming but help is available. We can help you to complete a Victim Assistance Application to recover some of these expenses on your behalf, including your legal fees. Taking back control of these important areas is so valuable in recovery and that’s where we come in.
Call us for a no cost, obligation free initial appointment. We will provide you with advice tailored to your specific needs as well as a plan to move things forward.
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