It is vital that you contact a family lawyer as soon as a family separation appears likely. Making contact with a family lawyer places you in the best legal situation possible for your circumstance. Our family law lawyers have extensive experience all family law matters, specifically:
- Property Settlement & Spousal Maintenance
- Children & Parenting Arrangements
- De Facto Agreements & Consent Orders
- Court Applications and Litigation
Amanda Tomlinson of our Mudgeeraba office is an Accredited Specialist in Family Law and has over 10 years’ experience as a family lawyer on the Gold Coast. If you need strong legal representation in your family law matter contact Amanda on (07) 5530 5700.
Family Law Gold Coast – Legal Advice
They say when you enter the Family Court: “Abandon All Hope Ye Who Enter Here.” But statistically – 95% of the Family Law matters settle outside court. Only 5% of matters actually proceed to trial. We can help you avoid the expensive litigation and save you money. We will explain to you your legal rights and obligations and work with you to quickly and cost effectively resolve your family law matters. We will outline for you all of your options for dispute resolution, and work with you to secure an agreed settlement.
While our focus at RobertsLaw is on reaching an agreement between yourself and your former partner wherever possible, it is inevitable that in some cases this will unfortunately, not be possible. In Family Law cases in which there is no alternative to litigation, it is vital that you retain strong legal representation. Amanda Tomlinson of our Mudgeeraba office is an Accredited Specialist in Family Law and has over 10 years’ experience as a family lawyer on the Gold Coast. If you need strong legal representation in your family law matter contact Amanda Tomlinson on (07) 5530 5700.
At RobertsLaw Gold Coast we are motivated by a desire to ensure that all the firm’s clients receive only the very best outcomes available to them.
The firm’s experience is your security.
To formally end your marriage, an Application must be made to the Federal Circuit Court for a divorce.
In Australia, fault is not a factor in the legislative requirements for divorce. You will only need to prove that:
- You were married;
- You have been separated for at least 12 months and 1 day;
- Your marriage has broken down and there is no chance that you will get back together;
- Sufficient arrangements are in place for the care of any of your children who remain under 18 years of age;
- You or your partner are Australian residents or citizens or regard Australia as your permanent home
You cannot remarry until your divorce has been finalised.
RobertsLaw solicitors at Mudgeeraba and Surfers Paradise can assist you in taking the necessary steps to secure a worry-free divorce.
The current family law regime recognises different types of relationships; so, whether you are married, de facto or in a same sex relationship you need to be aware of your entitlements when it comes to property division and spousal maintenance.
There are many factors that will affect your own individual entitlements, as all relationships are unique. Therefore, you should always be cautious about relying upon the outcome that your friends or relatives may have achieved as a result of the breakdown of their own relationship.
It is always best have your own specific entitlements assessed by a family lawyer.
The key steps to finalising a property division are to:
- Consider whether it is just and equitable to complete a property settlement to divide the assets and debts of the relationship.
- Identify and value the assets and debts of the relationship.
- Assess the contributions made by each partner, or others on their behalf, and consider the future needs of, and other important factors relevant to, each partner.
- Determine a just and equitable division of the net assets.
Spousal maintenance can also be a relevant consideration for those who are eligible for financial support from their former partner.
If you need assistance in negotiating with your former partner, or would like more information about your potential entitlements then contact our Family Law Accredited Specialist to arrange an initial consultation on (07) 5530 5700.
There are a number of ways to finalise property division and spousal maintenance agreements amicably without having to go to Court. This can be achieved by entering into a Financial Agreement (a private contract) or a Consent Order (a court order without a court appearance).
Finalising a formal written agreement with your former partner will save you the time and expense of litigation, and ensure that you and your former partner remain in control of decisions about dividing your hard earned assets.
Financial Agreements can also be utilised to create financial security and certainty by those considering entering into a marriage or a de facto relationship, or those who are already in one of those relationships, even if you have not and currently do not intend to separate.
There are strict requirements that must be met for a Financial Agreement to be legally valid, and therefore, it is important to ensure that you seek legal advice from one of our expert lawyers if you are considering entering into one of these documents.
An agreement for property division, financial support and even parenting arrangements can also be formalised by a Consent Order. A Consent Order does not require you to make an appearance in Court but does involve a formal Application to Court for an examination by a court Registrar. We can assist you in this process.
You should seek legal advice from our Family Law Accredited Specialist, Amanda Tomlinson, to ensure that you formalise your settlement arrangements in a way that best suits your circumstances and adequately protects your interests. Phone (07) 5503 5700 to make an appointment for an initial consultation with our family lawyers at RobertsLaw Gold Coast.
The best interests of the children is the most important principle to consider when determining what arrangements should be made for children in separating families, and this should be the overriding factor in all parenting decisions.
If you are able to reach an agreement with your former partner about parenting arrangements either by talking to each other, attending a family dispute resolution service or by negotiation through a lawyer, then you can formalise that agreement by entering into a Parenting Plan or a Consent Order.
A Parenting Plan is a written agreement about parenting arrangements. These agreements can include provisions for children to spend equal or substantial and significant time with each parent, if doing so is in the child’s interests and reasonably practicable.
An agreement for parenting arrangements can also be formalised by a Consent Order. A Consent Order does not require you to make an appearance in Court but does involve a formal Application to Court for an examination by a court Registrar. We can assist you in this process.
You should seek legal advice from our expert team of family lawyers to ensure that you record any agreement for your parenting arrangements in a way that best suits your family circumstances.
Court action is usually started as a last resort but can be an important step to take where time is running out, where a matter is urgent or particularly complex, where there are intractable disputes between former partners, or where a specific Order is required to compel a particular action or prevent a particular action by a former partner.
It is important that you make a genuine attempt to reach an agreement with your former partner about parenting arrangements, property division and financial support before you make an Application to Court. A failure to do so can result in cost penalties being imposed by the Court.
If you intend making an Application to Court about parenting matters then you may need to first attend family dispute resolution with your former partner to obtain a certificate, unless your circumstances involve a matter of urgency, family violence, or you otherwise qualify as an exception to the rule.
If you need assistance in commencing or defending court proceedings, or would like more information about what is involved then contact our team of Family Lawyers at RobertsLaw on (07) 5503 5700 to arrange an initial consultation.