Being specialist family lawyers, divorce proceedings and related issues are a major focus of our expertise.
Our services cover:
Given the complexity of today’s relationships this goes beyond paperwork to people work.
One of the first things that you can attend to, which will cost you nothing, and will be very effective, is to change your e-mail password. Most relationships result in parties knowing one another’s password and so the first thing that can go wrong is that potential eavesdropping on each others’ conversations. Secondly, the next thing you could attend to will involve a visit to the bank. That is, freezing your mortgage balances, freezing draw-down facilities, and freezing some credit cards.
Most people these days operate with a mortgage balance or a mortgage limit, and then have their draw-down facility. One thing you could effectively do is to contact the bank, explain that you’ve separated, and that you’d like to avoid either party drawing-down against the mortgage or overdraft. Next, a lot of people come and approach us about changing the locks just to ensure you have privacy and that you’re not worried about them returning when you have taken occupation of the property. These are just a few beginner steps to consider before you apply for a divorce.
We have a video series dedicated to these topics for your viewing here.
There are two ways to apply for a divorce. The first is to go to a lawyer, and the second is a do-it-yourself divorce kit. The basic ground for divorce it that you have to be separated for 12 months. There are sometimes situation whereby the husband or the wife is unable to leave the matrimonial home and therefore this is classified as ‘separation under the same roof’.
To prove this you need to get a family or a friend that can corroborate that there has been separation under the same roof. This needs to be for a period of 12 months. Once you have established that major ground of the 12 months, then you can go to your lawyer and ask them to make the application. You must make sure you take your marriage certificate with you because it needs to be shown to the court that there has actually been a valid marriage.
Contact us today to discuss which path is right for you and know where you stand.
The obvious question in divorce and children’s manners is what arrangements do we come to in respect to our children? In terms of the decision making powers, there is a presumption that decision making will be shared. This is often called shared parental responsibility, and means that both parents generally share decision making in respect to a child.
However, where this is not practical, or there are issues of risk, this may not be possible, and therefore the court will make or, an agreement can actually assign, sole parental responsibility to one party. In other situations there may be grandparents, or the parties, concerned with the care, welfare and development of a child who require that decision making power. And in those situations, orders or written agreements can also be made providing sole parental responsibility for those parties or other parties to share in that responsibility.
In terms of who a child lives with and spends time with – they’re the new terms that we are now applying (as opposed to custody of a child). Who a child will live with or spend time with will depend on the interests of the child and the composition of your family. In looking at what’s in the best interest of the child the court will consider and balance the need for a child to have a meaningful relationship with both parents. Also, against the need of any risk factors or violence issues, that may be occurring within the home.
In terms of the decision making of parents, where there are issues of family violence, it may be difficult for parents to share decision making in respect to that child. In such situations depending on the facts of your case, and not all situations, one party may be provided sole parental responsibility where there are risk issues.
Family violence itself has a wide definition in respect to the Family Law Act, and includes physical, verbal, psychological, financial abuse, abuse to pets, and also any behaviour that is coercive or controlling to another party that makes that party feel fearful. It doesn’t mean that in each situation of violence that you will obtain a sole parental responsibility order. It will largely depend on the facts of your case; the interests of your child will be the paramount considerations.
In terms of if you’re experiencing family violence; there are other measures that you can also take in respect to ensuring your safety and that of your children. You may seek support, or also an interventional order, or police assistance if you need to assist you children and ensure your protection.
What do these assets include? The matrimonial home, or the relationship home that the two of you lived in, regardless of whose name it’s in. You look at its current value and that is what it’s worth now. It’s a good idea to contact a few real estate agents to get some free appraisals to better determine the property’s current value.
Other assets include vehicles, either in your own names or in the company name, regardless of who’s driving them. Most people determine the value of their vehicles in two ways: you can either go to a car trader and ask for its trading value or sale value or most people just do a Glass Guide or Redbook valuation.
You also look at bank accounts, that is, joint accounts, individual accounts and also accounts in the children’s’ names. Now, for some reason, people think that the accounts in the childrens’ names shouldn’t be included because they belong to the children, but, in fact, the children have not worked to save those funds and so those funds have to be included into the asset pool.
Other assets include collections: stamp collections; art collections; memorabilia, which is quite popular these days. They all have a value and though you may not know the value, you need to include them in the asset pool and they can be valued by a reliable source, later.
To find out the whole range of assets & liabilities worth your consideration, please contact us here. and know where you stand.
Dealing with Intervention Orders and Restraining Orders demands a high degree of understanding and requires an appreciation for the broader impact such orders have in the family law jurisdiction, particularly parenting matters. We will advise you to ensure the best possible outcome. We provide:
Family violence orders are called different things in different states such as:
In Victoria, we have Family Intervention Orders (FVIO) or Personal Safety Intervention Orders (PSIO), which are collectively referred to as Intervention Orders (IVOs).
The names and terms vary from jurisdiction to jurisdiction – in America, these types of orders are often called Restraining Orders
As a firm specialising in all aspects of Family Law, Pearsons Lawyers have a team of lawyers with the necessary knowledge, skills and expertise to assist you and your family in these difficult times. Our team also has the skills and experience to assist with matters including:
If you are the Applicant seeking the protection of an IVO for yourself and/or your children, we can advise you of options and arrange representation at all hearings.
If you are the Respondent, we can defend you and endeavour to resolve your dispute as quickly and cost effectively as possible. We can appear on your behalf or arrange representation for you at the Mention, Directions Hearing and Contested Hearing if necessary.
Our experienced team of specialist family lawyers will advise you of the options available to you and will guide you through this often complex and difficult process.
For a free initial consultation please call or email Pearsons Family Lawyers on (03) 9306 0044 or email@example.com and know where you stand.
As dedicated family lawyers, Pearsons Family Law can provide the best possible specialist advice with less complications and clearer options. From separation, children’s matters, property and surrogacy to alternative dispute resolution, we have the full range of relationship challenges covered.