Family Law

Family Law

Embrace your challenges with our professional assistance

Separation or divorce is not only emotionally challenging, but also significantly affects many aspects of your life, including your children, properties, finance and your legal rights and obligations. Ideally, you should prepare yourself with professional advice prior to your separation or divorce. With our knowledge and experience in family law, we can help you through this difficult process by making it easy for you to understand and prepare for each step of your matter, and to make the most suitable decisions for your future. Litigation is usually the last resort and can be costly, for which we usually will estimate the costs according to your own situation, for your consideration as early as we can.

Our services include:

Divorce and Separation

We will help you to understand the legal process and requirements, assist you to analyse the important aspects and potential issues....
We will help you to understand the legal process and requirements, assist you to analyse the important aspects and potential issues, and advise on your options as well as prepare legal documentation and represent you at hearings

Property Settlement – Informal Agreements, Financial Agreements, Consent Orders, or Litigation

If a separated couple decides that they want to deal with the division of their property and finances without going to court, they can achieve this goal through an informal agreement, a binding financial agreement, or sealed consent orders......
If a separated couple decides that they want to deal with the division of their property and finances without going to court, they can achieve this goal through an informal agreement, a binding financial agreement, or sealed consent orders.

If you and your former partner prefer a non-litigation settlement, we can assist you to assess the total value of your assets and debts, and advise a likely or reasonable distribution between the parties based on the financial, non-financial contributions and future needs of each party.

The advantage of an informal agreement is that it is time efficient and less costly, however, it may disadvantage the parties in other avenues such as stamp duty exemption etc. Moreover, either party still has the right to go to the court later for financial orders if it is not out of time according to the time limits. This approach is more suitable for the parties who can maintain a stable and amicable post-separation relations.

A binding financial agreement can be entered into before, during or after a relationship. Each party has to seek their independent legal advice before they sign on those documents. Once it comes into effect, it is legally binding and would usually oust the opportunity for the parties to go to court for different orders except where the court sees it as unconscionable and sets it aside.

The parties can also negotiate and prepare a draft of consent orders and lodge with the court. Once they are sealed, they are enforceable by the court.

If the parties cannot come to an agreement about the settlement terms, then the litigation can be the last resort for a final settlement, although this could be expensive and time consuming.

Children and parenting arrangements

It is difficult enough for the child(ren) to deal with their new situation after their parents separate, therefore, parents should consider what are the best interests of the child(ren) when they discuss about the child(ren) and parenting arrangement......
It is difficult enough for the child(ren) to deal with their new situation after their parents separate, therefore, parents should consider what are the best interests of the child(ren) when they discuss about the child(ren) and parenting arrangement.

An informal agreement in relation to the child(ren) or a parenting plan can be reached after a couple separate, and is flexible for making amendments with the changing situations of the child(ren). However, it is not enforceable unless you apply to the court for consent orders.

There are a lot of details that you need to consider when making parenting arrangements, such as how the child(ren) live with each parent, where they go to school, how to share their living and schooling costs, how to make their major medical decisions, where and how to take the children for holidays by one parent, and so on. It would be a good idea for you to seek legal advice and assistance to draft your agreement, being an informal agreement or consent parenting orders.

If both parties cannot agree with each other, they can apply for court orders to determine their disputes.

Child relocation may affect the time that a child spends with the remaining parent. If the separated couple cannot agree to a relocation and the relevant arrangements, a court order can be sought. Depending on the circumstances, the court may make a relocation order or an order prohibiting a party from relocating. If a parent has relocated the child(ren) without consent, then a recovery order can be applied for to the court for returning the child(ren).

De facto Relationship

Parties in a de facto relationship may deal with their post-separation issues in an amicable way. If the parties cannot agree with each other, then the Federal Circuit and Family Court of Australia can deal with the disputes in relation to the children....
Parties in a de facto relationship may deal with their post-separation issues in an amicable way. If the parties cannot agree with each other, then the Federal Circuit and Family Court of Australia can deal with the disputes in relation to the children and the property after the breakdown of an eligible de facto relationship. It is important to keep in mind that the parties have to apply to court within two years of the breakdown of their relationship and have to satisfy the court’s gateway criteria and other conditions.

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