We’re sorry you’re going through a difficult time as a result of the end of a relationship. There may not be many comforting words at this stage in your journey but know that the re-shaping and re-sizing of families is natural.
Lawpoint’s family law solicitors are here to lend our sharp legal minds and empathetic ears to help you navigate what can be a difficult and stressful path through the family law system. You can rely on us to provide caring, strategic, and effective family law advice tailored to your unique needs. Highly skilled and experienced in family law matters, we can work strategically and quickly to help you in many areas of family law.
At Lawpoint, we always aim to settle matters outside of court. This is not only more cost effective, it also alleviates the stress and emotional toll that comes with family law litigation. In the case this is not possible, we are strong litigators and can represent you in court to ensure that your property and parenting rights are protected.
We know Australian family law. You know your family. Trust us to navigate your unique matter and ensure you and your family get the best possible outcome.
Family Law Services
Binding financial agreements
De-facto and same sex couples
Parenting orders including child support and consent orders
Property and financial orders
Urgent applications for spousal maintenance, property orders or child recovery orders
Why choose Lawpoint?
Frequently Asked Questions
Please note, the following information should not be relied upon as legal advice or as a substitute for legal advice. If you require legal advice, please contact Lawpoint.
It is important to seek independent legal advice to make informed decisions about the future of yourself or your children. You are entitled to seek confidential advice from a lawyer. A lawyer cannot disclose confidential information or make any agreements with your partner or their lawyer unless you have clearly agreed to it first.
Assets that are acquired during a marriage are considered as joint marital assets. Regardless of whose name that asset is held in, the law gives the court the power to adjust ownership of property to ensure that the party who is not the registered owner of that asset gets a just and equitable share of that asset.
In addition, it is not just assets that are acquired during the marriage which form part of the asset pool. Depending on the length of the relationship, assets owned before the marriage can also be treated as joint marital assets and be subject to a property adjustment in the same way. This includes the superannuation interests held in each of the party’s names.
People are often surprised to learn that assets that are acquired by one party after the date of separation can also form part of the asset pool that is to be split between the parties. Therefore, it is important for you to finalise a property settlement as quickly as possible after final separation to prevent post separation assets forming part of the pool of assets to be divided between the parties.
In the case where no agreement can be reached, one party will make an application to the court and the court will decide what the parenting orders should be (considering the best interests of the child).
It is important to remember that the court requires separating families who have a dispute about children to make a genuine effort to try and reach agreement through family dispute resolution before an application is filed with the court, unless an exemption applies (such as family violence, child abuse or there is an urgent need to file the application).
There are practical benefits of trying to reach an agreement without going to court such as avoiding the stress associated with court proceedings, resolving the dispute quickly and avoiding the costs of a contested court application
For more information download our FAQ guide on Marriage Separation.
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