When you make the decision to separate from your partner, the last thing that you want to have to worry about is money. Unfortunately for many individuals the time surrounding separation can cause significant financial stress, particularly when one party to the relationship has traditionally taken on the role of parent and homemaker whilst the […]
Family & De Facto Law
Newcastle Family, De Facto & Divorce Lawyers
Are you having difficulty reaching an agreement with your ex-partner about parenting, property or financial matters?
Stop feeling lost or helpless. Take control of your life and make a fresh start today.
Marriage or relationship breakdown is one of the most stressful life events that you will encounter.
Getting through it and successfully moving on will depend on many things, including the compassion, ability and experience of your Family Lawyer. We understand the difficulties often encountered by parties involved in Family Law disputes and assist our clients to achieve both short and long term objectives.
If your aim is to get things resolved fairly and quickly so that you can get on with life and/or make a fresh start, call now to speak to one our Family Lawyers.
If you are starting a new relationship we can also assist with Binding Financial Agreements (Prenuptial Agreements), Mutual Wills and Estate Planning.
How we Charge
We offer flexible fee structures and payment arrangements for our clients including:
- A once-off fixed fee initial consultation ($275 incl. GST) to get you started in Family Law,
- Hourly rates or negotiated fixed fees for each stage of your matter.
Our Family Lawyers will discuss our fees and charges with you and will provide an estimate of the fees and charges likely to arise in your matter.
Call now to speak to a Family Lawyer
1300 553 343
How We Help
If you have recently separated you may be experiencing frustration or anxiety in relation to:
- Who is going to remain in the family home,
- Maintaining access to your children,
- Income support (Spousal Maintenance),
- Child Support, or
- Maintaining repayments in relation to joint expenses (Mortgage, school fees etc).
Our Lawyers will provide you with practical advice and assist you to navigate and resolve these problems including by negotiation, preliminary agreements, mediation, Consent Orders, arbitration or Family Court proceedings.
If you have recently separated you should also speak to us about:
- Making a new Will and Superannuation Binding Death Benefit Nomination,
- Revoking Powers of Attorney and Appointments of Enduring Guardian,
- Severing Joint Tenancies in relation to co-owned property and investments.
Property & Divorce
Once preliminary matters are adequately addressed we will help you start your new life by:
- Finalising a Property Settlement,
- Finalising Spousal Maintenance arrangements, where necessary, and
- Obtaining a Divorce Order.
Issues with children can arise following separation or at any time whilst your child remains a minor. We can provide advice and assist you in relation to:
- Where your children will reside,
- What contact you and your ex will have,
- Child Support payments,
- Reviewing Parenting Arrangements, and
- Relocation and travel issues and more.
Call now to speak to a Family Lawyer
1300 553 343
As Family Lawyers, it’s not uncommon for us to meet with clients who earn a lot less than their former partner. Often one party has sacrificed their career in order to raise a family and as a result their capacity to earn a higher income has been limited. The Family Law Act recognises that this […]
We understand that you may not want to rock the boat. You have finally reached an agreement. You’re happy, your ex partner is happy, you just want to keep it amicable and move on. Here is why you should consider rocking the boat Informal Property Settlements NOT Binding The Family Court Rules provides that any […]
“Our relationship has ended but my ex-partner won’t move out of the house that we own [or rent].” When a relationship is over one of the hardest decisions will be who leaves. Both you and your spouse or ex-partner are entitled to live in your home after separation regardless of whose name is on the […]
The exchange of financial information and documents is a standard first step in most matters as it allows a Balance Sheet to be drawn up and for the parties and their lawyers to establish what is available for division in the family law matter. The exchange of documents ensures that each party is aware of […]
When separating clients come to me, the first and foremost thing on their mind is typically their future and current financial certainty. That is what Financial Advisors endeavour to give their clients every day. And this is a task that Family Lawyers are unable to do. When clients have experienced Financial Advisors assisting them it […]
Family Law Mediation is also called Family Dispute Resolution (“FDR“) and is the first step in parenting proceedings in most parenting matters. Before commencing Court action, a party must provide a Certificate from an accredited Family Dispute Resolution Practitioner to say that the parties have made a genuine attempt at mediation. There are some exceptions […]
Recently there has been a lot of press and coverage regarding Snapchat’s most recent upgrade which has a map/location function. And quite frankly it terrifies me. You may not be aware but many of the apps on your phone have a location tool, which can be great when you need to know which restaurant is […]
There are several issues that need to be considered, so unfortunately there is no clear cut yes or no answer. Basically it depends… Unless there is an Order for sole Parental Responsibility you are required to agree on issues which effect the long term well being of your children with the other parent. This includes […]
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 […]
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 […]
Yes. If your de facto relationship can be classified as a de facto relationship under the Family Law Act, and you meet the requirements for Spousal Maintenance under the Act, you may be entitled to Spousal Maintenance. Important Disclaimer
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 […]
Yes, the Court can make interim Orders in relation to property and children’s 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 […]
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.
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 […]
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 […]
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 […]
A property settlement is legally binding only if it occurs pursuant to a Binding Financial Agreement or Consent Orders. 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 […]
Most family law matters are resolved by negotiation and agreement. You should obtain 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 […]