Family Law | Collaborative Practice | Mediation Family Violence & Intervention Orders | Crime
HOW WE CAN HELP
Children have rights – Parents have responsibilities We know your children are the most important people in your life and that's why our focus is to guide you along the most appropriate pathway to achieving the best outcome for their future. Parenting arrangements differ from family to family and largely depend on the needs of your children and how well you and your ex can co-parent and communicate...
Negotiating a property settlement, in contemplation of entering into a new relationship or following the breakdown of one, can be complicated especially when this conjures up fear about your financial future and ensuring you get it right. Regardless, if you’re amicable, heading into mediation or the collaborative process,negotiating with lawyers, or end up in court, the steps are the same to get you to an agreement...
In addition to Family Law Parenting and Financial matters, other issues often require attention when negotiating and reaching a final settlement, including: + Child Support (for children under 18 years of age) including Binding or Limited Child Support Agreements + Adult child maintenance (for children 18 and over who are attending tertiary study or have special needs) + Spousal maintenance claims
You can apply for a Divorce once you have been separated for 12 months and there is no intention of reconciliation.
An Application for Divorce is generally straightforward although if you have children under 18 years, have been separated under the one roof during your 12 month separation period, or you do not know the whereabouts of your ex-spouse, the process gets a little more difficult.
Family Violence & Intervention Orders
Whilst our focus is to avoid court and unnecessary litigation, there times when this cannot be avoided, including where family violence has occurred during a relationship, or following separation. We can provide you with specialist attention, legal advice and much needed support in these circumstances, regardless of whether you’re a victim of family violence or have been accused of perpetrating family violence: + Family Violence Intervention Orders + Personal Safety Intervention Orders + Breaches of Intervention Orders
We can also assist with various summary crime or Police matters including: + Driving offences + Theft + Assault + Children’s Court + Victims of Crime Applications
You Have Options
DIY - Do It Yourself Negotiation
This option is for couples who have been able to reach an agreement themselves.
We’re here to answer your questions, provide advice about the legal implications of your settlement deal and then prepare your settlement documents to finalise everything for you.
Sometimes you need extra help to resolve matters and reach an agreement.
This option involves engaging an independent mediator (who may be a lawyer, counsellor, psychologist or Family Dispute Resolution Practitioner) who facilitates your discussions with a view to resolving matters with you.
Jacqueline Philip is a NMAS Mediator. We also work with many great mediators – ask us for a recommendation.
We will prepare you for mediation, provide you with legal advice about a range of settlement outcomes, and empower you to make well informed decisions.
Alternatively, you and your partner may prefer to have your lawyers present at mediation – this is one of our specialities.
If you’re able to reach agreement in mediation, you may come away with a Parenting Plan or Heads of Agreement. The next step is to document your settlement agreement in a legal and binding fashion.
Lawyer assisted negotiation is an option most common for separating couples when you can’t agree or communication has broken down. Many people assume that their only option is to engage a lawyer to undertake all of their negotiations and they become the by-standers in their future. Understandably, this conjures up fear about increasing conflict and incurring significant legal costs. Our aim to is move you through this process in the most swift, amicable and cost effective way.
We may suggest moving towards mediation or a settlement conference (with your partner and their lawyer) which shifts the focus towards potential settlement outcomes and away from those fears.
Unfortunately for some separating couples, court is an option they are forced into, especially when there is a high level of conflict and communication has broken down.
Whilst we have the necessary expertise in helping you with your court case, our aim is to get you through the process as quickly and cost effectively as possible.
Damage may be limited with an early settlement agreement. If resolution cannot be achievedin the early stages of the court process, those fears of unnecessary delays, poor communication, increased conflict and significant legal costs become a reality. The damage is further intensified by court imposed outcomes.