Let SJ Lawyers & Associates be the solution for your Family Law needs. By combining a fundamental understanding of the big picture with the complexity of daily interactions and experiences, we provide proactive solutions to a diversity of clients. In our experience clients require their solicitors to not only have the requisite knowledge of the law but also the skills to negotiate outcomes on their behalf.
Family Law
Divorce Law, Family Law, De Facto Law and same sex relationships
Divorce
If there are no children to a marriage, a divorce is generally straightforward. However, if children are involved, the Court needs to be satisfied as to their welfare.
Twelve months separation on the basis of irretrievable breakdown of marriage is the only ground for divorce. Sometimes separation takes place under the one roof or for varying periods before a final separation occurs and you may need to seek legal advice to be sure your Application for Divorce is completed correctly, particularly if the separation is not amicable.
Property
Our solicitors can advise you of the way in which the Family Court looks at determining who is entitled to what share of the assets.
Superannuation is taken into account when dividing the assets of the parties. Sometimes valuing superannuation is a complicated process. We can advise you of how superannuation is considered in the division of assets.
Financial agreements including prenuptial agreements have assumed greater importance over recent years. However, they require very careful consideration of your objectives and sometimes the taxation consequences of the proposed arrangements.
Our background and experience in financial planning issues enable us to provide advice to ensure you do not suffer unintended consequences by proposals in such agreements.
It is always important to revisit the terms of your Will or ensure that you have a Will after a relationship breakdown. Our solicitors can complement our financial and estate planning advice by drafting your new Will.
Children
The welfare of children in relationship breakdowns should be paramount.
SJ Lawyers & Associates will explain to you the application of ‘equal shared parental responsibility’ and the misconceptions surrounding that legislation. We will advise you as to the avenues available to ensure the children’s welfare is looked after following a marriage or a breakdown of other relationships and the matters taken into account when determining where children live and with whom they spend time.
Family and children’s counselling opportunities will be discussed and we are able to direct you to organisations to provide assistance in this area.
The procedures as established by the Family Law Act will be fully explained and our advice will arm you with the knowledge necessary for you to make informed decisions.
De Facto and Domestic Relationships
The division of assets after a breakdown in de facto and similar relationships require an evaluation of the law, which is currently slightly different from that relevant to a marriage breakdown. While there are a few differences, they are significant.
It is always important to make sure that your Will is updated whenever you enter into a new relationship or when a relationship breaks down.