Family & Divorce Lawyers Torquay

Seeking legal advice early helps clarify your rights, options, and obligations. It will also help you understand the implications of separation, especially regarding children, property, and potential future legal proceedings.

Yes, we can assist in creating fair and practical parenting arrangements through negotiation, mediation, or legal proceedings, ensuring both parties’ rights are considered and the children’s best interests are prioritised. If you want to formalise your arrangements, we can assist with applying for Consent Orders or help you draft a comprehensive parenting plan with your former partner.

For a property settlement, both parties need to disclose assets and liabilities, which can take some time if valuations are required or complex financial structures are in place. Our family lawyers can assist with the discovery process and negotiate on your behalf with your former spouse or partner.

Through further negotiations or mediation, you and your former partner should be able to reach a fair agreement. If you can’t agree on a fair split, a court application may be necessary to finalise your settlement. When a resolution is reached, any transfers of property or superannuation will be actioned based on the agreed course of action (or court decided orders if that ends up being the case).

Yes, in Australia, you must be separated for at least 12 months before applying for a divorce, and if you’ve been married less than two years, you’ll generally need to get counselling first. There is no time limit for filing for divorce after separation, and some people remain married for many years after living apart.

Time limits for property settlement do begin when a divorce order is issued, though, meaning that one party (or both) will need to initiate property settlement within a year of your divorce order being final.

To legally end a de facto relationship, you must prove separation and handle any issues related to property settlements and parenting matters (child custody). A formal property settlement and, if necessary, a court order for parenting arrangements or property legally finalises the relationship’s end.

If you and your ex can’t agree on child-related matters, you may need to attend mediation. If mediation fails, you may need to apply to the Federal Circuit & Family Court of Australia to intervene and make decisions based on the best interests of the child.

Yes, we can help you create a private child support agreement, ensuring it reflects your needs and circumstances. This legally binding agreement can then be registered with Services Australia for enforcement.

Spousal maintenance is financial support paid by one partner to the other after separation or divorce. It’s designed to help the recipient partner meet their reasonable living expenses, particularly if they are unable to support themselves financially.

Working with a professional family lawyer can help you explore alternative dispute resolution options, such as mediation or negotiation. These cost-effective solutions allow you to resolve matters professionally, avoiding the need for court involvement while still aiming for the best outcome.

If your matter proceeds to the Federal Circuit Court, our friendly team will represent you professionally. We will guide you through the process, working towards the best outcome for you, whether it’s a simple matter or the most complex case. We’ll support you every step of the way.

Consent orders are legally binding agreements made between parties and approved by the court. They often cover matters like child custody and financial matters. With the help of a professional family lawyer, we ensure your consent orders align with the Family Law Act and your specific needs.

Yes, we can assist with child support matters, including helping you with the Child Support Agency assessment process. Our professional family lawyer services offer cost-effective solutions for ensuring the best interests of your child while resolving any financial matters.

We provide expert guidance on Hague proceedings and other international family law matters. Whether you’re dealing with international child custody or other cross-border issues, our team offers highly personalised service to navigate the most complex family law situations.

A binding financial agreement (BFA) is a legally enforceable contract that outlines the division of assets and liabilities in the event of a separation or divorce. Our professional family lawyers can help draft and explain these agreements, offering cost-effective solutions for financial matters.