Family Law Services for Ashburton, Chadstone & Glen Waverley
We can assist you in all aspects of Family Law including:
Financial matters between separated parties can be resolved in a number of ways before resorting to Court proceedings. We are experienced in assisting our clients in negotiating fair property settlements either through negotiations undertaken with the other party or that party’s legal representative on your behalf or representing you at an out of court mediation. We are then able to effectively legally formalise any settlement reached.
Should you be unable to reach agreement for a property settlement, we can assist you in all aspects of Court proceedings and aim to achieve a fair settlement as early as possible in the process in order to minimise costs and reach the best possible outcome.
If you have already agreed to and formalised a property settlement by way of Consent Orders or Court Orders and the other party is not complying with those Orders, we are able to assist you in enforcing the Orders.
Financial Agreements (otherwise known as Binding Financial Agreements or Prenuptial Agreements)
Financial Agreements are binding Agreements made pursuant to the Family Law Act which specify what will happen to the property of the parties in the event of separation. Financial Agreements can be entered into by married couples and de facto couples either before they marry/enter into a de facto relationship, during the marriage or relationship or after separation.
Financial Agreements prior to marriage are more commonly known as ‘Pre-Nuptial Agreements’. By entering into a Financial Agreement, you are excluding the Family Court from determining any dispute about property. In the event of separation, property will be divided in accordance with the terms of the Financial Agreement and not by the Court in accordance with the Family Law Act. This will be the case even where the Financial Agreement is made several years prior to separation and even when there has been a change of circumstances of the parties. Financial Agreements are complex legal documents and several binding requirements must be met in order for the agreement to be enforceable in the event of separation. Both parties are also required to obtain independent legal advice in relation to the effect on your rights of entering into the Financial Agreement and the advantages and disadvantages of entering into the Agreement.
A Financial Agreement is an important means to protect your assets in the future, particularly when entering into second marriages or de facto relationships. Financial Agreements are also an effective way to finalise property matters after separation without filing documents with the Court.
We offer assistance and advice in all areas concerning children’s arrangements including:
- Negotiating and formalising agreed contact arrangements;
- Preparing Child Support agreements;
- Representation at out of court mediations;
- Parenting disputes;
- Commencing Court proceedings and representation in contested Court litigation.
We also offer advice and assistance in other Family Law matters including:
- Preparing and appearing in Divorce Applications
- Spousal Maintenance including negotiating and formalising Spousal Maintenance Applications and preparing urgent Spousal Maintenance Applications with the Court
- Family Violence Intervention Orders
- Splitting Superannuation interests