Family Law

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Whether it’s hostile or amicable there is often a sense of loss when a marriage or de facto relationship ends – loss of a sense of identity, loss of the hope, of the dream and of the ‘happily ever after’ fairy tale ending.

On a day to day level there is frequently a change of lifestyle and other challenges necessitated by starting over, and of course the requirement to deal with the many legal ramifications that result when the family unit disintegrates.

I&J LAW are able to confidently guide you through this unfamiliar terrain.

Five important issues to consider if you are  contemplating cohabitation, marriage, separation or if you are separated.

  1. Before I get married, can I formalise an agreement with my partner that details what will happen if  we separate sometime in the future?
    Yes, even though you don’t like to think of a relationship ending when you are starting out, it is advisable to draft a cohabitation or pre-nuptial agreement to clearly stipulate who gets what if the relationship or marriage were to end.
  2. When can I apply for a divorce?
    You can apply for a divorce after you have been separated for twelve months . Once a divorce has been granted, it means that your legal relationship status reflects that you are no longer married.
  3. Do I need to wait a year to decide where the children live?
    No, parenting issues can be finalised any time after separation.
  4. Will I need to sell my home and do I need to wait a year for this?
    It will depend on your circumstances and the net assets available for distribution which differ from case to case. You do not need to wait a year after separation, however once you are divorced then you have twelve months to enter a property settlement.
  5. What about my Superannuation?
    Superannuation is a financial resource that can be  included in the property settlement and division of the assets.

Our family law services include but are not limited to the following …

  • Prenuptial agreements.
  • Cohabitation agreements.
  • Financial Agreements pre relationship.
  • Financial Agreements during relationship.
  • Financial Agreement after divorce.
  • Divorce applications.
  • Parenting issues regarding the children in times of separation.
  • Financial issues of separation, Property settlement.
  • Child support.
  • Spousal maintenance.
  • Representation in court.
  • Settlement conferences.