Family Law
Children’s Support & Children’s Living Arrangements
LGee & Julius Lawyers can advise on issues such as shared care, parental responsibility, spending substantial and significant time with a parent, spending time with other family members, the division of school holidays and the sharing of special occasions for example.
We understand that each situation is different and that each child has his or her individual needs.
It is the legal responsibility of both parents to financially support their children during separation or divorce.
Child support is the amount to be paid by you or your former partner. A Binding Child Support Agreement can be agreed between you, or it can be assessed by the Child Support Agency using a statutory formula.
LGee & Julius Lawyers can assist you reach an agreement with your former partner and then record, by drafting the terms of a Binding Child Support Agreement, to encompass those obligations and rights to provide future certainty and security for the children and their parents.
De Facto Relationships and Domestic Partnerships
A de facto relationship is one where the parties are not legally married but are treated as a married couple for the purposes of the Family Law Act 1975 (Cth).
Under the Family Law Act 1975 (Cth), a same sex de facto relationship is treated no differently. People in a same sex de facto relationship can seek both parenting and property settlement orders from the Federal Circuit and Family Court of Australia.
If there is a dispute about whether two people were in a de facto relationship, the court will consider several factors in making a determination.
It is important to understand that an application for property settlement must be made to the Court within 24 months of the date of separation.
We have experienced solicitors at LGee & Julius Lawyers who can guide you through the process.
Divorce
Divorce is the formal ending of marriage which is characterised by the irretrievable breakdown of marriage.
If you decide to divorce, you may file an application after being separated from your former partner for a period of 12 months. During this period, you must live separately and apart within the meaning of the Family Law Act 1975 (Cth).
LGee & Julius Lawyers can prepare and file the divorce application on your behalf and attend the hearing at Court for you.
An application for divorce is separate from property settlement applications and parenting proceedings. Provisions must be made for the care, welfare and development of any children under 18 before a divorce order may take effect.
Whilst it is possible to finalise these issues prior to filing for a divorce, once the divorce is completed, you have a period of 12 months to apply to the Court for property settlement. You will need approval from the Court to apply after this time.
Contact LGee & Julius Lawyers for assistance with the process.
Domestic and International Relocation of Children
Moving away – whether to another country, another city or even another part of the same city – can mean major changes in terms of child’s relationship with the parent who is not moving.
LGee & Julius Lawyers can provide advice about the legal principles governing the relocation of a child to ensure that the child’s best interests are met by having a meaningful relationship with both parents.
We can assist our clients to negotiate an agreement by writing it into a parenting plan or applying to the court for consent orders.
If an agreement is unable to be reached, LGee & Julius Lawyers will assist you in litigating these matters in Court and ensuring you are effectively represented to receive an appropriate outcome.
Hague Convention
The Hague Convention on the Civil Aspects of International Child Abduction 1980 is a multilateral treaty in force between Australia and a number of other countries.
The Convention provides for a lawful procedure for seeking the return of abducted children to their home country. It also aids parents in obtaining access or contacting children overseas.
This is a complex area. LGee & Julius Lawyers recognise that each situation is unique and requires careful and detailed consideration.
Property
There are many complexities and considerations surrounding property settlement that require the expertise of a family lawyer specialising in this field.
We can help you through a negotiated agreement to reach a resolution and then record it as consent order at court. We are also well equipped to litigate on behalf of our clients should the need arise.
It is important to obtain advice about your financial position as soon as possible leading up to or after your separation. Married couples should make property settlement applications within 12 months of divorce; if you were in a de facto relationship, an application should be made within 24 months of separation.
While extensions can be obtained in some circumstances, please speak to us immediately if you are out of time, as further delay may prejudice your entitlements.
If you require assistance, LGee & Julius Lawyers can assist you.
Spousal Maintenance
Following separation, a party to a relationship can seek financial support from their former partner.
A maintenance entitlement depends on whether you are unable to meet your day-to-day living expenses and whether your former partner can meet the shortfall.
It is possible to make an application for urgent spousal maintenance. A court will hear this type of application at short notice, and it may be granted if you can show that you have an immediate need. This is a temporary order in place until a court has properly considered your maintenance entitlement while your property settlement case is ongoing.
Again, it is possible to have a negotiated agreement in relation to the payment of spousal maintenance. If negotiations are unsuccessful, LGee & Julius Lawyers can represent you in both pursuing and defending such applications.
Contact LGee & Julius Lawyers for more information.