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Judith Vitens
“I have been very impressed by the way in which you conduct your business – very professional yet friendly and always approachable. I commented to a friend at the time “Wow, these guys are certainly ‘on the ball’” – and you still are!” 
Family LawRoberts Legal's Michelle Gillard is experienced in all areas of Family Law. Michelle represents her clients in a tenacious and diligent manner. Michelle is approachable and will assist you to make difficult decisions during what can be a stressful and emotional time. Her focus is on attaining the outcome which best suits you as efficiently as possible to help you get on with your life and to limit legal costs from escalating.
Call now to speak to one of our Michelle Gillard to find out how we can help you. We offer a free 15 minute initial telephone consultation. Fix Cost Offer - Know Your RightsMake sure you know your rights under the Family Law Act in relation to property and children's matters before trying to negotiate with your former partner. If you reach an agreement that is less favourable to you than you would otherwise be entitled to it may be difficult to renegotiate that agreement without Court intervention, which can be expensive. We offer a fixed fee service including an initital consultation and written advice for only $500.00 plus GST. Call now on 02 4952 3901 to make an appointment. Michelle Gillard
Family Law Frequently Asked QuestionsWhat should I do if I am thinking of separating? Make a note of the date of separation even if you and your partner remained living under the same roof following separation. Both you and your partner will be required to make full and frank financial disclosure as part of any property settlement proceedings. Start a folder and collect you and your former partner's recent Superannuation statements, bank account statements, tax returns, share certificates and other documents you think are relevant. Make an appointment to see one of our Family Law Lawyers. You may wish to contact Government Services such as the Family Relationship Advice Line. What if I have children under 18 years of age? Until the Court makes an order both parents can make decisions in relation to a child, even if the child is not living with them. The Court can make an order deciding if both parents have equal parental responsibility or if one parent will have sole parental responsibility. There is a presumption that equal parental responsibility will apply unless the presumption can be rebutted by factors such as a family violence. The Court can also divide responsibilities. For example, one parent may have parental responsibility in relation to a child's schooling and the other parent may have parental responsibility in relation to a child's medical concerns. Parental responsibility relates to major long term issues not issues such as hair cuts or other day to day activities. Where parties can agree to the living arragement of a child they can enter into a Parenting Plan or file Consent Orders with the Court. If a child under the age of 18 is predominantly living with you, you should make contact with the Child Support Agency. If you are applying for a Divorce of the arragements in relation to children need to be set out in the Divorce Application. You may also be required to appear in front of the Family Court Registrar to provide evidence that the proper arrangements have been made for children under the age of 18. Examples of proper arrangements are informing the Registrar of the child's living arrangements, schooling and child support payments. What is the time limit for making a property settlement? Married couples that separate can formalise a Property Settlement at any time after separation. There is no requirements that the parties need to be Divorced at the time of the Property Settlement. However, once parties are Divorced there is a 12 month limitation period that applies. This means if you are not able to reach an agreement with your separated spouse, you need to file an Initiating Application with the Court before the 12 month limitation period expires. For de facto relationships there is a time limit of 24 months after the date of separation. Some exceptions apply to these limitations, however, you should assume that the limitation period will not be extended. It is, therefore, important to speak to a Solicitor about negotiating a property settlement or filing Court proceedings before the time limitation period runs out. What are the implications of not documenting an informal property settlement? If you decide to informally document your property settlement you should be aware that your former partner can change their mind and apply to the Court for a property settlement that is different to the one agreed to. If your partner's financial circumstances change, for example, they are diagnosed with an illness or they are no longer able to work, they may be entitled to more of the assets even though the circumstances did not exist at the date of separation. A property settlement is legally binding only if it occurs pursuant to a Binding Financial Agreement or Consent Orders. What can I do to avoid costly Court proceedings? Most family law matters are resolved by negotiation and agreement. You should ontain advice from a Family Law Solicitor at an early stage to assist you in your negotiations with your former partner. If you are able to reach an agreement with your former partner, either directly or via your Solicitor, the agreement should be recorded in a Binding Financial Agreement or made the subject of a Consent Order by the Court (no hearing is required for Consent Orders). If an agreement cannot be reached the parties can agree to attend mediation with their respective Solicitors and a private mediator. The parties can also contact Relationships Australia and request to attend mediation with them; however, any agreement reached is not legally binding until such time as it is documented in Consent Orders or a Binding Financial Agreement. What is a Binding Financial Agreement? A Binding Financial Agreement is an agreement entered into before, during or after a relationship. If a Binding Financial Agreement exists the Court will not have the power to make an order affecting the matters covered by the agreement. As a result, a Binding Financial Agreement will only be binding if it includes proper financial disclosure of the parties' circumstances and attaches Certificates from independent Solicitors certifying that the parties have been advised of the advantages and disadvantages of entering into the agreement. In some circumstances a Binding Financial Agreement can be set aside by a Court. As such, Consent Orders are preferable where available. How long do I have to be living with someone before I am classified as their de facto partner? Most people presume that unless you have lived together for 2 years you are not a de facto couple. This is not true. Living together is only 1 of 9 factors the Court considers when determining whether parties have been in a de facto relationship. Other factors include, the length of cohabitation, if the parties are registered as a de facto couple, if they have a child together and if they have shared finances. For example, if you have a child together and have been together for less than 2 years you will be considered a de facto couple under the Family Law Act. Can I apply for Spousal Maintenance if I was in a de facto relationship? Yes. If your de facto relationship can be classified as a de facto relatonship under the Family Law Act, and you meet the requirements for Spousal Maintenance under the Act, you may be entitled to Spousal Maintenance. If I don't have access to any funds, can I obtain a partial property settlement? Parties can have a partial property settlement by agreement. This may be appropriate in circumstances where parties are in need of funds and are still in the process of negotiating a settlement or parties have applied to the Court and a final hearing is not for a considerable amount of time. If one of the parties is not willing to agree to a partial property settlement, the other party can apply to the Court for an interim order. For example, if you need access to funds in a bank account for living, housing or legal costs. However, the Court will not make an order for a partial property settlement unless it is satisfied that it is appropriate in the circumstances. Can the Court make Orders in relation to property and children on an urgent basis? Yes, the Court can make interim Orders in relation to property and childrens matters at any time. An interim Order is an Order made before the final determination of an Initiating Application. For example, a party may apply to the Court for an interim Order to decide where a child lives until such time as a final hearing. Other examples include applying to the Court for urgent Spousal Maintenance or injunctions to prevent a party from disposing of assets. What is an Initiating Applicaiton? Family Court proceedings are commenced by using an Initiating Application form. An Initiating Application contains details of your matter including the interim and final Orders that you are seeking. What should I do if I am served with an Initiating Application? Contact us as soon as possible to discuss your circumstances and make an appointment to see one of our Family Law Lawyers. You will be required to attend Court on the date stamped at the top right hand corner of the Application. You will also be required to file a Response and Affidavit and serve a copy on the other party at least 7 days before the first Court date. Any information set out in your Response and Affidavit can be used in future Court hearings.
Family Court PublicationsThe following Family Court publications may be of assistance.
Please note, Roberts Legal does not warrant the accuracy of the above publications.
Ask us a Family Law QuestionIf the information that you are seeking is not above please feel free to send us one by filling out the form below. We will gladly provide you with our considered response. |
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