Family Law, Relationships & Conflicts, De facto Relationships, and Divorces

Relationship breakdown can be a very stressful and traumatic event for the parties involved and for any children and close family.

If you and you partner separate, there are likely to be a number of decisions you will need to make relating to either children and/or property matters.

The Foulsham & Geddes family law team can help. We have experienced family lawyers who can provide comprehensive advice on your legal rights, obligations and options. We can also assist with mediation and all negotiations and, if necessary, Court proceedings on issues such as:

• Divorce
  Generally either party to a marriage can make an application for a divorce order – after twelve (12) months' separation. The terms and nature of the separation are relevant, as is the necessity for proper arrangements to have been made for the welfare of any children.
  
  
• Child support
  The level of child support can be reached by agreement or it can be assessed by making an application to the Child Support Agency. The assessment will depend on the income of each of the parties, and the time spent by the child (or children) with each parent.
  
  
• Spousal Maintenance
  Where one party is unable to earn sufficient income to maintain his or her self, it may be that the other party will be required to contribute to the maintenance of that party. This can be achieved by either agreement, and failing agreement by Court order.
  
  
• Residence
  Decisions need to be made as to with which party the child or children are to reside. Relatively recent amendments to the Family Law Act have placed more emphasis on shared residence arrangements.
  
  
• Contact and Parental Responsibility.
  The non-resident parent will normally and generally be entitled to make arrangements for regular contact with children.
  
  
• Property Division
  Many couples are able to reach an agreement for property division without reference to legal advice. However, having reached agreement, they will need to have the agreement confirmed by way of Financial Agreement (for which each party requires independent legal advice) or by way of a Court Order. These procedures are necessary to minimise stamp duty implications on the transfer of assets pursuant to the agreement for property settlement. If parties cannot themselves reach agreement for property settlement, then they may need to be advised by legal representatives, and that advice may hopefully avoid the need for a Court proceedings.
  
  
• Property and Separation Issues for De Facto Couples
  These issues are now also dealt with under the Family Law Act, by the Family Court. The arrangements for maintenance and property settlement for de facto couples are now very similar to those of married couples, and also dealt with by very similar procedures.
  
  
• Financial Agreements
  Financial Agreements (which are referred to above for property settlement after separation) are also available to couples before, during and after marriage (or a de facto relationship). Completing a Financial Agreement where parties receive independent legal advice, can very often avoid unpleasant future conflict in so far that the conflict may relate to financial matters.
  
  
• Intervention Orders
  These Court Orders, usually known as "Apprehended Violence Orders" can be necessary where a party is in apprehension of or in fact has suffered actual violence or harassment.
  

We work to give you sensible, straightforward and realistic advice, with the aim of securing a quick resolution and, consequently, smaller overall legal costs. We encourage parties to Family Law conflicts and issues to maintain and amicable relationship with their partner or former partner, if at all possible. We particularly advise parties in respect of their rights and a sensible approach to their relationship.

Give us a call today to see how we can help.