Property Settlements
If you have, or are thinking about, separating from your partner or spouse, then it is important to understand how the law applies to your personal circumstances. This empowers you to negotiate division of your assets and superannuation with your spouse. It also means that, if you and your spouse are unable to reach an agreement, you have a sound understanding of what issues the Court will and will not concern themselves with.
Divorce
Applying for a divorce is a relatively simple process, provided you and your former spouse have been separated at least 12 months and one of you are an Australian citizen or have lived in Australia for the last 12 months.
Divorce applications as relatively straight forward, however there are circumstances that can complicate a divorce such as:
When you have lived with your spouse under the one roof for some (or all) of the
last twelve (12) months, despite being separated;
We have a variety of services to offer
Children and Parenting Arrangements
Parenting matters are particularly sensitive and, despite most people having a genuine desire to implement arrangements that are in a child’s best interests, parties often have conflicting views of what that is, or how the law determines a child’s best interests.
Under the Family Law Act, parents have equal shared parental responsibility as a presumed starting point. Parental responsibility refers to the burden allocated
Child Support
Parents are financially responsible to support their children. Even upon separation, this obligation continues. Whilst there are mandatory obligations, parents also have options to reach an agreement about how the children are to be financially supported outside of the statutory obligations that exist.
Informal agreements are not uncommon, although they generally only work in circumstances where there remains a high level of trust between the parties.
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Regrettably, we do not undertake work on the basis of a grant of Legal Aid.
Spousal Maintenance
Spousal maintenance is money paid by a spouse (including de facto spouse) to their former spouse. It occurs in circumstances where the former partner or spouse is unable to adequately support themselves.
To be eligible for maintenance, the low/no income earner must be unable to support themselves because of their age, health, responsibility to care for a child of the relationship under 18 or some other good reason.
Financial Agreements
The law allows for couples to enter into agreements which set out how, in the event their relationship ends, their assets are to be divided between them. These agreements are formally known as “Binding Financial Agreements” but are more commonly referred to as “Financial Agreements” or “BFA’s”.
A Financial Agreement can be entered into:
Our Specialised Team in Family Law
Evette Jones – Solicitor
Email: evette@rbax.com.au
Robert Bax – Solicitor/Principal
Email: robert@rbax.com.au
Alexandria Douglas – Solicitor
Email: alex@rbax.com.au
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