Family Law

After a separation or divorce it is important to have arrangements in place for the children of the relationship. Sometimes these arrangements are informal or verbal agreements with your ex-partner; however it is often advisable to have such arrangements reduced to writing and even further, filed with, sealed and formalised by the Court.

The Law encourages parents, wherever possible, to come to an agreement when making parenting arrangements regarding Child Custody rather than resorting to contested court proceedings. Our family lawyers are experienced in negotiating and can assist you in this regard. We understand the emotional drain and financial expense that can arise from lengthy court battles and you can be assured that our family lawyers will always, wherever possible, aim to settle the matter without recourse to court action.

If an agreement is reached between the parties, one of our lawyers can draft Consent Orders so that the agreement is formalised and your interests are protected at law. When applying legal principles to child custody NSW is subjected to the Commonwealth jurisdiction of the Family Law Act.

If negotiation between the parties does not result in an agreement being reached, we can assist you in participating through alternative dispute resolution such as mediation.

If all other avenues are exhausted we can apply to the Family Law Courts to obtain Parenting Orders on your behalf. Our family lawyers are experienced in courtroom litigation and will ensure you that your case is prepared and presented with the highest level of professionalism.   

Under Australian law, parties to a de facto relationship are afforded the same recognition as married couples when it comes to dealing with the breakdown of the relationship. Once it is established that the requirements of a de facto relationship have been met, the parties are able to rely on provisions in the Family Law Act in the same way that married couples do when a relationship has broken down.The general principles that govern the break down of marriages are extended to de facto couples. Same sex relationships that meet the same criteria as relationships that are considered de facto relationships fall under the same laws that deal with de facto couples.

Marriages are easily recognisable, due to a legal marriage requiring registration. Other couples that wish to be provided for by the family law usually need to establish first that they meet the requisite criteria. 

It is important that parties to a long term or committed relationship give consideration to the laws that govern de facto relationships. Despite the law being there to give proper recognition to the rights and needs of parties to a long term relationship, just as it is for married couples, some people are not aware of this when committing to a long term relationship. Some may form the intention to remain in a de facto relationship as they believe that they are not “bound” by the same laws that govern marriages.

Our Sydney Family Lawyers are experienced in all aspects of family law and possess the necessary expertise in advising and representing parties to any form of domestic relationship, whether it be de facto couples or couples of the same sex.

Obtaining a divorce or ending a relationship can often be an emotional experience – especially when children are involved. Our divorce lawyers provide not only professional family law advice on your rights and obligations, but also guidance during this difficult period. We can prepare and file a divorce application for you quickly and cost effectively. We can also advise you on your legal rights and responsibilities in relation to child custody and the financial property settlement.

Although divorce and separation are often one and the same, divorce only relates to married couples. The concept of separation applies to all couples and is also a broader concept that covers more than just the act of separating or the breakdown of the relationship.

It must be noted that when applying for a Divorce NSW laws are the same as other states; with the exception of Western Australia, all other Australian States are subjected to the same Family Law Act, which is a Commonwealth law.

There are certain preconditions that must be met before a divorce can be applied for by married couples.  Also, a divorce must be obtained to bring an end to a marriage, at law. When de facto or same sex couples separate, there is no legal requirement to obtain a Court Order to officially end the relationship.

What is relevant in all matters is whether the parties to the relationship have property that needs to be divided and/or children to the relationship. The obligations and rights of parties to any relationship are essentially the same and in relation to married couples, an official divorce does not have to be applied for or granted prior to parenting and property matters being determined.

Upon separation, it is advisable to obtain legal advice from a divorce lawyer to understand your rights and obligations and, where relevant, important strict time requirements. Our divorce lawyers Sydney and NSW will be able to assist you in preparing the divorce application, filing the application and appearing at the hearing before the family law division of the Federal Circuit Court to ensure that the divorce application is successful.

An Apprehended Violence Order (AVO) is an order made by a Local Court, for the protection of a person (known as the “Person In Need of Protection” or “PINOP” or otherwise “the protected person”), from the behaviour or conduct of another (the “defendant”). The  main purpose of an AVO is to protect the PINOP from future harassment, intimidation, stalking or violence. All AVOs must contain conditions that the defendant cannot assault, molest, harass, threaten, stalk, or intimidate the protected person. Additional conditions can also be imposed on a case to case basis.

Domestic violence can often be a relevant factor in family law proceedings and its relevance is not always isolated to parenting matters or child custody disputes. Domestic violence allegations and AVOs often go hand in hand. It is important to understand what role domestic violence plays in family law proceedings and also, the meaning and effect of an AVO and how the existence of an AVO may or may not affect family law proceedings, particularly in relation to parenting matters or child custody disputes.

Notwithstanding that domestic violence allegations or Apprehended Violence Orders in family law proceedings can play a role, despite popular opinion and practice, obtaining an AVO does not automatically mean the “upper hand” in proceedings. AVOs are there to protect individuals from probable harassment or violence and should not be used only as a weapon in family law proceedings. 

Prime Lawyers have represented hundreds of clients in AVO matters and successfully defended false allegations on numerous occasions. AVO matters are dealt with in the Local Court and are not family law proceedings. Typically, it is lawyers with experience in criminal law that represent those defending AVOs in the Local Court. Therefore, any client that is represented by one of our Family Lawyers in parenting matters that is also facing an AVO Application in the Local Court has the benefit of being able to rely on the specific expertise of our lawyers from our Criminal Law Division.

Of course, there are unfortunately many legitimate cases where domestic violence is a real issue in a relationship and/or relevant to the breakdown of the relationship. Great care needs to be taken when dealing with matters where domestic violence becomes a factor in the proceedings, whether representing the party accused of violence or representing the party that has been the victim of domestic violence. Our family lawyers Sydney and NSW have experience representing both victims and those accused of violence in family law proceedings and we can certainly assist you.

After the breakdown of a relationship it is common then to resolve how the property of the relationship is to be divided – the family law property settlement. The family law solicitors at our firm have a wealth of experience in this complicated area of law.

There are a variety of issues that need to be considered, some of which are not immediately considered relevant, such as the parties’ superannuation. Determining what is the property pool of the relationship and then how it is to be divided is not always a simple process. There are several factors that the Court will consider when determining the division of assets, some of which cover the following:

– Assets held by each party, including superannuation
– Domestic duties performed by either party, such as household chores
– Who looked after the children
– Gifts received by either party
– The financial contributions of each party
– Any inheritance

Our family lawyers carefully consider all aspects of your case and advise you on what you are entitled to. They will then negotiate with the other side in an attempt to reach an amicable outcome.

We understand the frustration and expense that can arise from lengthy court battles and you can be assured that our lawyers aim to settle matters without recourse to court action.

If your matter settles out of court we will draft Consent Orders that will then be filed with the Court. Once granted, the property settlement becomes formally recognised at law and is legally enforceable.

If negotiation fails, our family lawyers are experienced in Family Law Court litigation and will provide you with exceptional legal advice and representation in obtaining Property Orders that reflect your entitlement.

The complexity and unpredictability of the law and Court process requires experience and expertise in this highly specialised area of the law. Without competent legal advice, it is difficult to determine whether or not you are settling for what you are properly entitled to.

Pay at the end Family Law Property Settlement

We also recognise that there are many people who have an entitlement to property, however, are unable to engage the services of an experienced family lawyer, due to a lack of available funds. For this reason, Prime Lawyers also offers the “Blue Ribbon” payment option for approved Family Law clients. The “Blue Ribbon” payment option to approved clients is a deferred payment option, where Prime Lawyers’ legal fees are paid once the matter has ended.

To read more about “Blue Ribbon”, or to apply to join many current and former family law clients we have assisted under “Blue Ribbon” visit our Blue Ribbon Payment Option page or call us to speak to one of our Divorce Lawyers Sydney, Parramatta, Chatswood, Sutherland or Wollongong.

At Prime Lawyers we believe that all family law clients should have access to the best possible legal representation. That’s why we have developed our Blue Ribbon payment option.