The irretrievable breakdown of a domestic relationship, whether you are married or in a de facto relationship, is no doubt an emotional and difficult time for you.
It is an event that will have an impact on your future. The benefit of professional legal advice is priceless and detrimental to the manner in which your matter is resolved. At Shad Partners, we will attend to all possible avenues to ensure that your matter is dealt with amicably. We encourage a settlement by negotiation as opposed to litigation and are here to facilitate a resolution in an affable manner.
Separation
At Shad Partners, we will assist you by providing legal advice both prior to and after you have separated from your partner.
It can be very difficult to approach a lawyer about these issues, however, everything you tell us is confidential. Our experienced solicitors understand the emotional strain involved during this time and will provide legal advise that is in your best interests.
Parenting Issues
The breakdown of a relationship can have an adverse affect on your children. We will give advice that is always in your best interests, but together, we will ultimately discuss your matter by keeping your children’s interest of paramount consideration.
The Family Law Act 1975 provides a presumption that both parents jointly have equal parental responsibility for the children. There are situations where the Court will provide an order contrary to this presumption .
Through the Family Law Act, the Family Court of Australia as well as the Federal Magistrates Court of Australia encourages parents to agree on the arrangements for their children. Here at Shad Partners, we too will advise you to consider coming to a mutual agreement with the other parent.
In some circumstances however, an agreement is not possible, particularly in situations of family violence and abuse. In such a case, an application must be made to the Court in seeking Orders that are in the best interests of your children.
Property Issues
There is an obligation for both parties to a marriage to provide the other with a full and frank disclosure of their financial circumstances, that is, all assets, liabilities and financial resources.
If you are unable to reach an amicable agreement, then the Family Court can be resorted to for a decision on these issues. The court looks at your joint assets and liabilities and then assesses your contributions, including the direct and indirect financial contributions; the non-financial contributions and the contributions to the welfare of the family. The Court will then determine any alteration of the assets based on several factors including but not limited to, each parties’ income, their age, health, the care of other dependants, the care of your children.
We will advise you on the possible outcomes of a Court decision and subsequently assist you by proposing a fair and reasonable offer by way of negotiating a settlement on your behalf.
De Facto Relationships
Your rights in relation to your children apply as they do for married couples. The parenting issues are dealt with pursuant to the Family Law Act.
In relation to disputes that are associated with your financial and property matters, these are dealt with pursuant to the Property (Relationships) Act.
If your de facto relationship has come to an end, please contact our office as we will advise you on your options for resolution to ultimately end the financial relationship that you have with your former partner.
Other Areas
At Shad Partners, we can also advise you on issues such as Child Support, pre-nuptial agreements and binding financial agreements.
For all your family law matters, contact:
Layla Doumit
Solicitor
Phone: 02 9790 7000
Email: ldoumit@shadpartners.com.au