Family Lawyers Moonee Ponds

Know Where You Stand

Pearsons Family Lawyers Moonee Ponds

We are a legal practice with particular expertise in Family Law, divorce proceedings and the many related issues this can bring. It’s an area we care deeply about, and have built an unrivalled level of knowledge and experience.

Our services include:

• Divorce applications
• Child Support & Agreements
• Separation declarations, including separation under the same roof
• Declarations of the existence of a de facto relationship
• Marital and same sex relationships
• Surrogacy issues
• Property disputes
• Alternative dispute resolutions

Today’s relationships and families come in all different shapes and sizes. Our work therefore goes beyond paperwork and is all about the people involved. Our work is about you, and your family.

Applicants seeking protection in the form of an Intervention Order (IVO) for themselves and/or their children can be confident of receiving a clear explanation of their options. You can depend on our team’s supportive and reassuring approach during representation throughout all hearings.

Respondents can also be defended. Our team can appear on your behalf, or arrange representation during any necessary Mentions, Directions Hearings and Contested Hearings.

In all cases, you can rest assured we will endeavour to resolve the dispute as quickly and cost-effectively as possible, and in the most civilised way, for the benefit of every member of your family.

Before you get a Divorce checklist

The Divorce Process

For many, divorce is unfamiliar territory. If you’re taking this step, there are a number of straightforward, initial, protective steps that everyone can take:

• Change your email password … it will cost you nothing and overcomes the common problem of partners knowing one another’s log-in details for crucial accounts, and using this information to their own advantage. Changed passwords will help avoid unauthorised access to private exchanges.
• Visit your bank, explain your separation, and freeze your mortgage balances, draw-down facilities, and any appropriate credit cards. This will help avoid either party drawing-down against your mortgage or overdraft.
• Change your locks, to ensure you maintain your privacy and avoid unwelcome visits once you have taken occupation of the property and your partner has vacated.

Pearsons Family Lawyers has an easy-to-understand video series dedicated to explaining these simple tips and topics in depth. for your viewing here.

Applying for a Divorce

There are two ways you can apply for a divorce. The first is to engage a lawyer. The second is to source a do-it-yourself divorce kit.

The basic grounds for any divorce dictate that you must have been separated for at least 12 months. Sometimes a situation will arise whereby one spouse is unable to vacate the family home, which is then classified as a ‘separation under the same roof’. You will need to provide evidence of this arrangement in the form of corroboration by a family member or friend.

Once you have successfully established that a 12-month separation period has been completed, you are free to start the formal process with your chosen lawyer, who will make the official divorce application on your behalf. For married couples, an important tip here is to ensure you are able to present your marriage certificate, validating to the court that a legal marriage has indeed existed.

Everybody has a different set of circumstances, and every solution does not suit every relationship or family.

Everybody has a different set of circumstances, and every solution does not suit every relationship or family. Contact us today to discuss which path is right for you and know where you stand.

Divorce & Children

Where children are involved, the first and most obvious decisions when it comes to a divorce tend to be around the children. This includes residency and access arrangements. A presumption exists that decision-making around these matters will be shared between both parents, and is commonly referred to as ‘shared parental responsibility’.

However, there are cases where this simply is not practical, or there are issues of risk or concern that prevent it from happening. In these instances, the court will step in and decide the outcome, which could range from different levels of shared decision-making responsibility, to sole responsibility being granted to one party.

Alternatively, grandparents or other parties concerned with the care, welfare and development of the children involved may be granted shared or sole parental responsibilities, and decision-making powers.

It’s important to note that the more traditional term of ‘custody’ has been superseded by new terms including ‘who the child lives with’ or ‘who the child spends time with.’ What this looks like will be decided depending on what is deemed to be in the best interests of the child, and the structure of the family. First and foremost, the court will consider the need for a child to have a meaningful relationship with both parents, balanced against any risk factors or issues of violence that may be occurring.

Family Violence & Protection of Children

As a firm specialising in all aspects of Family Law, our team has the knowledge, skills, expertise and emotional intelligence to support you and your family through one of your most challenging times. 

In terms of the decision making of parents, where there are issues of family violence, it may be difficult to share this responsibility. In such situations, depending on the specifics of your situation, one party may be granted sole parental responsibility.

Under the Family Law Act, family violence covers a broad range of actions including:

• Physical, verbal, psychological and financial abuse
• Abuse to pets
• Any behaviour that is coercive or controlling, and that makes the other party feel fearful

However, even in cases where violence is known to exist, this does not automatically result in a sole parental responsibility order being granted. This will be decided based on the facts of your specific circumstances, with the best interests of your child remaining the driving force of the ultimate outcome.

If you are experiencing family violence, there are other measures to keep you and your family safe. An Interventional Order can be sought, or police assistance requested.

Divorce & Financial Support: Assets & Liabilities

We’re often asked what exactly about the situation surrounding any joint assets and liabilities you share with your partner.

The number one consideration is usually the home you have shared, regardless of whose name it is currently in. As a starting point, you’ll want to find out its current value. Our advice would be to engage several real estate agents and request free appraisals, which will help determine an accurate idea of the property’s value.

Other assets might include vehicles, regardless of who drives them or whose name they are registered in. To determine the current value of your vehicle you can seek advice from a car dealership, or research comparative values online using tools such as Glass Guide or Redbook.

Bank accounts – including individual, joint and even children’s accounts – also need to be taken into consideration. It may seem unreasonable to include accounts in the name of a minor, but because the child themselves generally has not been responsible for saving the funds, they remain considered part of your joint pool of assets.

Obviously many other shared possessions are included in this asset pool, including everything from artworks to memorabilia, and even stamp collections! Regardless of whether or not this sounds over-the-top, these items all hold value, which can be determined by a reliable source when calculating the total value of your asset pool.

If you’d like to know more about the extensive list of assets and liabilities that need your consideration, our team can help. Simply give us a call on 1300 699 688 and we’ll work with you to identify what should be included, and how this should be managed.

To find out the whole range of assets & liabilities worth your consideration, please contact us here and know where you stand.