Family Law

Our Family Law team has extensive experience advising, representing, negotiating and advocating on behalf of parties involved in cases before the Family Court of Australia and Federal Circuit Court of Australia.

Our lawyers recognise that disputes of this nature, whether they involve property, divorce or children are often emotionally charged and highly complex, demanding a high standard of professional skill and care. Our lawyers are committed to explore early resolution of disputes, encouraging clients to explore alternative and more cost effective methods of settling matters before litigation.

We have a wide range of experience dealing with matters concerning care arrangements for children, complex property settlements, spousal maintenance and child support.

City Legal Solicitors Family Law team provides professional advice, representation and advocacy to people experiencing family breakdown, whether those people have been married, lived in a de facto relationship or have never lived together.

DIVORCE

In the event of marriage or relationship breakdown, you need a lawyer who can handle your divorce or legal rights following separation quickly and efficiently. Our lawyers at City legal Solicitors will listen to you and understand what you are going through to build a professional relationship based on trust.

The basis for divorce is the ‘irretrievable breakdown of a marriage’ and a separation of at least 12 months in duration. However, there are certain circumstances in which you may be separated while living in the same residence.

Either party may commence divorce proceedings, or a joint application may be submitted. Obtaining a divorce is not a prerequisite to finalising a property settlement or child welfare matters. However, the court must be satisfied that proper arrangements have been made for the care of children under the age of 18.

A delay of approximately 3 months occurs between the date of filing and the date of the divorce hearing, at which a ‘decree nisi’ is granted. One month later this becomes a ‘decree absolute’, which is required before you can re-marry.

PROPERTY / FINANCIAL AGREEMENTS

Upon the completion of a family law or de facto settlement, property often changes hands and new financial arrangements are required.

To ensure the smooth finalisation of property matters, City Legal Solicitors have experienced lawyers with comprehensive experience in matters pertaining to the transfer, sale or purchase of property.

We will liaise competently with relevant banking institutions, estate agents, solicitors and their clients to bring your property matter to finalisation.

We can also facilitate other financial arrangements, such as superannuation splitting and the preparation of binding financial agreements.

PARENTING ORDERS

When parents separate or do not live together, one of the most important issues that they need to resolve relates to the importance of continuing a relationship between the children or child and the parent who they do not live with on a permanent basis.

The law covers care and welfare arrangements for children, between their parents and other carers, for example, grandparents or other extended family members. It covers all children, whether their parents were married or not.

The focus of the law is on the duties and responsibilities of parents for their children and the rights of the children. The law encourages parents and other people interested in the welfare of children to try to agree on arrangements for them.

At City Legal Solicitors, our lawyers understand that it is best if both parties work together to decide what to do about the children considering vital issues such as where the children will live, how they will be financially supported and how they will maintain a relationship with both parents and other people important to them. The ‘best interests of the children’ must be considered. A Family Relationship Centre, Legal Aid Commission, or other family dispute resolution service may be able to help you and your ex-partner reach agreement on these issues, as well as offering services or referrals aimed at improving the relationship between you. Our family law team extensively utilise such services in beneficial circumstances. If parents can agree about the parenting of their children then they may formalise that agreement in several ways through the Family Court.

In situations where parents cannot agree about the parenting of their children, then an Application can be made to the Local Court, the Federal Circuit Court or the Family Court of Australia for its assistance in resolving disputes. The Court can make Parenting Orders in relation to a child or children. Whenever the Court makes any Orders about children, the most important consideration is what would be in the best interest of the child. There are many issues to consider in this complex area of law. Issues of child support and spousal maintenance are but a few that our lawyers have experience to assist you with. Also, if you are unsure whether you are the paternal father of a child, we can arrange DNA testing, the general accuracy of which is extremely high. If the mother does not agree to such testing, we can help you obtain a participation order from the Family Court of Australia. To discuss any matters concerning children or paternity testing, please contact us at City Legal Solicitors.