If you share a child(ren) with your partner, then following a separation, arrangements regarding the proper care of the child should be made. The most important consideration taken by the Family Court in deciding the care arrangements is “What is in the best interests of the child”.
Following a separation, most people will find they need to do a property settlement with their former spouse so that the marital finances can be untangled to allow each of you to have financial independence moving forward.
A de facto relationship can be same sex or opposite sex.
Provided an unmarried couple meets the criteria for definition of a de facto relationship under the Family Court Act 1997, de facto couples have the same protection and entitlements as a married couple to financial matters following a separation.
If you are commencing a de facto relationship or marriage and wish to have the terms of agreement specified on the division of assets and liabilities in the unfortunate event of a separation with your partner, then you may wish to consider entering into a Financial Agreement (or “pre-nup” ).
Should you and your former partner be able to reach an agreement for parenting and/or property matters amicably after the separation, you may wish to consider making a joint Application for Consent Orders. The agreement you have reached together can be documented in the application and submitted to the Court without the parties having to attend.
We appreciate that being involved in Court proceedings can be daunting and confusing, especially if it is your first time.
We have extensive experience in representing clients in the Family Court and will use our best efforts to guide and support you through the various stages of the Court proceedings.
There are several types of mediations models that parties can participate in following a separation to try and negotiate an agreement. The Family Court generally expects that parties have attempted some form of mediation prior to filing a Court application.
At Martis Legal, we strive to provide quality family law advice at an affordable cost to you. We understand that every relationship and family is different and therefore your family law matter will be managed in a manner best tailored to your circumstances.
As a boutique legal firm practicing exclusively in family law, we will listen to your concerns to provide you with the necessary guidance and support as you navigate your separation. Regardless of how simple or difficult your situation is, we care about achieving the best outcome for you so you can move forward in your life with peace and confidence.
With over 10 years experience in family law exclusively you can be assured that no matter how simple or complex your dispute is, we have the level of experience and knowledge to guide you through the process.
We aim to provide you with clear, honest advice and pragmatic solutions tailored to your family law dispute.
Every client matters. As a boutique family law firm, you can be assured that you will be provided with a high quality of service through this stressful time in your life.
We understand the stress of engaging with lawyers and not knowing how much it will cost.
We provide you with transparent and clear fee structures throughout your engagement so you know what to expect.
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