If you are in a situation where your relationship has broken down and it is time to bring it to an end, or you have been told that your relationship is over and we strongly recommend that you speak to us before you do anything else. We understand it can be a very emotional time and the actions you may make out of anger or frustration could be detrimental to the outcome of your matter.

The emotions surrounding the division of property arising from separation can be as strong as those involving children. Often people are unaware of how the courts view and deal with the assets of couples who separate. There is also a lot of misinformation available from family and friends and the internet. The legislation that governs how the ownership and division of property is considered during separation is quite defined, and is particularly relevant in circumstances where there is an attempt by one party to retain or remove assets from the asset pool, prior to reaching an agreement on a division.

It is important you seek our professional legal advice before doing anything with property (which includes money) you believe you are entitled to.

Relationship breakdowns can be even more emotional when children are involved. Regardless of whether you or your partner have initiated the separation, if there are children involved then you both have a responsibility for their welfare.

When the Court considers making orders that are in “the best interests of the child”, it is necessary to balance the following primary considerations

• the benefit to the child of having a meaningful relationship with both parents; and
• the need to protect the child from physical or psychological harm, or being subjected to, or exposed to, abuse, neglect, or family violence.

Where parents cannot come to amicable and suitable arrangements for a child or children, the Family Court will implement Orders governing children’s living arrangements. 

We urge you to talk to us at the earliest opportunity as we can assist you in achieving a mutually beneficial outcome that may limit the negative impact separation can have on your children and/or keep your children safe.

There are many misconceptions around what constitutes a de facto relationship. Moreover, the laws around property and asset distribution are complex, including those involving children. We suggest you speak to one of our Family Lawyers in order to secure a speedy and amicable resolution.

Family Violence is a serious social issue and action should always be taken as soon as possible. The cycle of violence has a tendency to spiral downwards and in some circumstances has resulted in death. Family violence is often a significant and relevant issue when it comes to Family Court proceedings in relation to both property settlement and parenting matters.

Our team of divorce lawyers can provide you with specific advice and guidance regarding the best way to address your particular circumstances so that you are protected but not necessarily involved in litigation in multiple courts.

Every person’s circumstances are unique. The laws around divorce and separation, children, and property settlement can be complex. With the right legal advice, you have the best chance of securing an equitable and amicable outcome.