A relationship breakdown is hard, no matter how you look at it. As experts in family mediation, we can help you ease the emotional and financial burdens of a process often complicated not only by property, but your number one priority: your children.
Family & Divorce Law
Breaking down family law, lifting you back up.
It doesn’t matter if it was ‘mutual’ or totally unexpected, the last thing you both want is a drawn out, emotionally draining divorce. With discretion and compassion, we’ll guide you through the process of separation and prepare your divorce application so you can move on — without the unnecessary stress or delay.
Children’s Living Arrangements
You can place a certain value on property. But you can’t put a price on the welfare of your children at a time when protecting them means everything. Our mission as experienced family lawyers is to minimise the disruption, delay and emotional stress that often goes hand in hand with disputes over living arrangements.
Through negotiation and alternative dispute resolution, we ensure you first consider the most cost effective — and often fastest — course of action when the heightened emotions of a relationship breakdown are telling you to ‘take it to court’.
Frequently Asked Questions - Family Law
Deegan Lawyers can also provide advice and assist with the following family related matters
- Child support
- Guardianship of children
- Grandparent’s rights
- Spousal maintenance
- Binding Financial Agreements before, during and after a relationship
It depends on the circumstances of your family, including the length of your relationship, the age of your children (or if you have children at all) and your future needs.
Assets will be divided depending on the following:
- Who had what to the beginning of the relationship;
- Who contributed what during the relationship – both financial and non-financial;
- Any debts incurred and for what purpose;
- Who is going to care for the children in the future; and
- Your future needs and the needs of the children.
The time the children spend with each parent will depend on their age, maturity and the practicably of a shared care arrangement.
At law, there is a presumption of shared parental responsibility (i.e. major life decision including schooling, medical, religious) and shared time. The reality is one parent is often the primary caregiver and the children will live with them and spend time with the other.
You will need a legally binding document to protect yourself in the future.
If you have an agreement you can either apply to the Family Court of Australia for Consent Minutes of Order (personally or through a lawyer) or instruct a solicitor to draft a Binding Financial Agreement.
Consent Minutes and Binding Financial Agreements outline the agreement reached. Both options bring to an end your and your partner’s property claims against the other.
The Court requires people to try mediation or Family Dispute Resolution before initiating proceedings in either the Federal Circuit or Family Courts. When you file an application you must file a certificate from a Family Dispute Resolution Practitioner.
There are some exceptions including, however we will always suggest that you try to resolve the matter before going to Court.
Get in touch.
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