Where possible, our approach is to bring about amicable resolutions through settlement discussions and alternative dispute resolution procedures, such as mediation. In many cases, there is resolution without going to court.
However, where litigation is inevitable, or has already commenced, our family lawyers have considerable experience both men and women in cases to trial conclusion with strategy and tenacity.
At all stages, we will be your advocate and will address the tough issues on your behalf. The good news is that most cases resolve before trial. Our genuine and determined endeavour is to deliver results to our clients in a cost-effective way and with the minimum amount of stress.
We represent clients with smaller property pools to larger, substantial property pools. Many of our clients come to us also with complex property division situations and challenging personal circumstances. When necessary, we have access to forensic accountants, valuers and other experts to assist in assessing the value of assets. At all stages, we will be tough and determined, to ensure that your financial interests are maximised.
To read more, please visit our dedicated page: property settlement.
We take our duty to you and our legal responsibility very seriously. We understand what is at stake. The relationship post-separation between you and your children is clearly extremely important and we will strive to help you achieve the best outcome possible.
To read more, please visit our dedicated page: parenting and children.
Our divorce lawyers can help you in any stage of your divorce. Divorce is commonly a commonly used term to encompass all aspects of separation. Divorce is a separate process to parenting and property settlement and is typically done after these matters are finalised.
To read more, please visit our dedicated page: divorce.
We are experienced in providing advice about obtaining, and defending intervention orders in the family context, including Personal Safety Intervention Order and Family Violence Intervention Orders.
To read more, please visit our dedicated page: intervention orders.
You are not required to have a lawyer to initiate or defend an application in court. However, family law is a specialised area of law and deals with sensitive family issues with outcomes that can significantly affect a persons’ life including long-term implications on the lives of children. While there is material available for a self-represented litigant, it is impossible for this material to cover everything that must be considered in such an extensive area of law (including any relevant case law) as each case comes with its own factors and circumstances. There could also be other options available to a party that may be overlooked (such as Anton Piller orders and Barro orders).
A family lawyer also offers guidance and support in a stressful time and helps keep a degree of separation between you and your former partner, which even more welcomed in highly contested matters and cases that deal with difficult circumstances (such as family violence). A lawyer will also offer advice surrounding any proposed consent orders and whether the proposal is fair and equitable.
Any orders made by the court which are final can be difficult to change. Self-represent litigants which are opposed to a party that does have legal representation are severally disadvantaged. The approach taken by a lot of family lawyers is quite aggressive and that can obviously be overwhelming for a self-represented litigant, especially when they are already under a significant amount of stress.
We act for clients who often may not have the funds initially but, could receive funds from their property settlement. If you would like to discuss your options or consider what payment options may be available to you contact us to discuss your matter.
Family law proceedings usually follow a common process. First is to establish whether to initiate an application in the family court or federal court. Once an application has been filed then it must be properly served on the other party within the allowed time. Any issues with service and the court will refuse to hear the application on the day the application is listed. While the registry does offer some procedural support, they cannot offer legal advice. So essentially, they can assist you in correctly completing the paperwork but cannot advise you on your case and position.
The other party then must respond to the application with their own affidavit responding to the issues raised by the other party. If the application is seeking both parenting and financial orders then both parties will also need to complete a financial statement outlining their income, assets and liabilities and a Notice of Risk. The court will not accept any applications for parenting orders without this notice also being filed.
Even though both parties are required to make complete and transparent disclosure of their assets, there are situations where a party is not fully honest about their assets, especially when those assets are located overseas. When drafting an affidavit, you must ensure that it properly drafted as the court may only consider evidence and matters that have provided in affidavit form, you cannot simply raise issues or relay facts as you work your way through the proceeding.
That being said, it is common for new information to come to light during the proceedings, or for a party to recall information at a later time, which is fine. But this must be addressed in accordance with the proper process to enable the court to consider this information. This also applies to consent orders which must be specific and detailed enough to cover all aspects of the division of assets or parenting matters. Properly drafted orders will take into consideration that unexpected factors may arise and then draft orders on what the parties are to do such a situation arises.
A family lawyer will draft the necessary paperwork within the allowed time frames, advise you on your matter, provide support and guidance and essentially be a buffer between you and your former partner with the view to making the whole process less stressful. Obtaining proper legal advice as soon as possible is paramount to ensuring that you do not end up significantly disadvantaged once the proceedings have concluded.
Family law is a difficult process to go through for all parties involved and we understand that our clients are going through a difficult process when separating and there are many questions and uncertainty about your future and that of your family. These range from financial concerns such as “How much will I get from a divorce” to questions about “what are the steps of a divorce”.
We will make sure that you understand the stages involved to get to all parties to an agreement as quickly as possible. Our family lawyers have extensive knowledge of the family court procedures and outcomes and they will guide you through the process and negotiate the best results for you.
Negotiation is an important skill in family law matters and whether you are requiring a simple advice or in a difficult child custody dispute your family lawyer will need this skill and experience and knowledge to serve you best. Our lawyers are skilled and will be able to seek the best outcome for you and aim to negotiate the best settlement before court proceedings.
We are experienced in handling a wide range of family law matters that range from child custody and grandparent rights through to complicated and contested divorce and spousal maintenance hearings. Our experience and professionalism means that you will have a clear vision of how the court decisions will relate to your matter and how your individual family circumstances will be assessed in court. Our experience negotiation skills and ability to guide you through your matter and help you obtain the best outcome. We are well versed in acting for our client’s in Melbourne family courts and our family lawyers take a pragmatic approach to resolving matters as quickly as possible.
We have experienced family lawyers in our family team who are compassionate where possible but tough and determined where necessary.
Further, importantly, we are a full-service firm that has the expertise beyond basic family law matters. Our family lawyers work closely with our commercial team and property team, who can respectively provide legal expertise about business and any type of real estate issue when required.
We offer the peace of mind of the full breadth of legal experience while staying reasonably priced.
Call us on 1300 907 335 or get in touch using our online enquiry form.
We are enthusiastic about our family lawyers development and the service that our law firm provides to our clients and our family lawyers are members of the Family Law Section of the Law Council. The council seeks to influence the development and practice of family law in Australia and the also promote the professional excellence of those in engaged the family law system.