We can advise and act for you in relation to all aspects of family law, relationship breakdown and associated matters including:
A property settlement is an arrangement between separated parties as to how their property, including superannuation, is divided between them.
Given our extensive background in family law and commercial and civil legal disputes, we are ideally placed to assist clients with high value and complex financial affairs involving significant commercial structures.
A party may seek financial assistance known as spousal maintenance from their former spouse or partner (which is separate to child support).
The Court considers the needs of the party seeking the maintenance and whether the other party has surplus resources available to meet those needs.
Parental responsibility for children and future living and other arrangements may need to be resolved. The paramount consideration is the best interests of the child.
Financial issues may also need to be addressed. This can be done by statutory child support or a private agreement between parties (on items like private school fees and extra-curricular activities, private health insurance premiums and medical and dental “gaps”).
Advice on asset protection can occur before a client commences a new relationship or when the structure of a business enterprise is under consideration with a mind to the future.
One of the strategies available for asset protection is that parties can enter into a financial agreement on the distribution of their property or spousal maintenance:
(a) before they marry or enter into a de facto relationship;
(b) while married or in a de facto relationship; and
(c) after the breakdown of a marriage or de facto relationship.
Such agreements must comply strictly with the requirements of the Family Law Act, including that each party must obtain a certificate from their own solicitor that specific advice has been provided to them.
Please contact us if you are considering entering into such an agreement.
De Facto Relationships and Same Sex Relationships
Following the breakdown of a de facto relationship or same sex relationship the Family Law Courts have jurisdiction to make orders on property settlements and maintenance under the Family Law Act (1975). These Courts can also deal with children’s arrangements.
Infrequently property division are governed in South Australia by the Domestic Partners Property Act (1996) and heard in the Supreme Court or the District Court of South Australia.
Typically parties prepare their own application for divorce: see http://www.federalcircuitcourt.gov.au//wps/wcm/connect/fccweb/how-do-i/divorce/apply-for-a-divorce/apply-for-divorce.
In some instances we may need to assist in this process.
It is important to note that the granting of a divorce does not determine issues of property division, financial issues or arrangements for children. These issues can be dealt with separately; parties can seek to finalise them before obtaining a divorce.
Also, obtaining a divorce may impact on the rights of parties in relation to property division and maintenance. It is helpful to understand the legal ramifications of obtaining a divorce.
We listen. We respect.
In relation to disputes, we strive to achieve early resolution on best terms. Only if that is not possible, do we assist clients to navigate the Court process.
We make every effort to contain conflict. The distress associated with the process is reduced, a resolution can be achieved more quickly, relationships can be preserved, and legal fees kept in check.
We ensure clients are fully advised and therefore well-placed to make informed decisions for their future.
Given our extensive family law and commercial and civil legal disputes background, we are ideally placed to assist clients with high value and complex financial affairs involving significant commercial structures such as companies, partnerships and trusts.
We can also identify issues that can be harnessed for the benefit of clients – whether in relation to the assertion of additional legal rights, the valuation of property or the strategy to be adopted to seek a resolution.
We have the legal and commercial acumen to ensure clients are effectively guided and represented throughout this process.
We want clients to achieve a legal end point on best terms as soon as possible.
We know that relationship breakdown can be a difficult and heart-breaking time. There is often uncertainty, stress and transition.
We want to help and support clients to move to a legal endpoint with the least amount of conflict possible. We are genuinely concerned for the best interests of our clients.