FAMILY LAW
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Property Settlement
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Children Matters
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Divorce
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Binding Financial Agreements
Property Settlement
The Family Law Act 1975 (Cth) sets out the general principles for which matrimonial assets are to be apportioned in the event of a breakdown of marriage or de facto relationship (ss 79(4) and 75(2) for marriages, ss 90SM(4) and 90SF(3) for de facto relationships).
The apportionment is depended upon:
the arrangement on dependent Children and if the parents are on equal time arrangement with the Children.
the assets and liabilities of the parties and its quantum
direct financial contributions by each party, at the commencement of the relationship/ marriage and your wage and salary earnings during the relationship/marriage
indirect financial contributions by each party, such as gifts and inheritances from family members
non-financial contributions to property, such as renovations to a home, management of investments, or running a business
contributions to the welfare of the family, such as raising children
each party’s future needs – age, health, financial resources, care of children and the ability to earn
Apportionments are likely to be different depending on each case scenario.
Please organise a time with our office so that we can understand more of your individual circumstances and advise on the most appropriate apportionment in your scenario.
Children Matters
Whenever there are children involved, the interests of the Children always come first.
When making arrangements for the children, the interests of the children are paramount and comes before that of the individual parents.
When deciding Children matters, the Court has the discretion to consider anything it considers relevant.
The ‘primary considerations’ for determining a child’s best interests are the benefit to the child of having a meaningful relationship with both of their parents and the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.
A greater consideration is given to protecting the child from harm (ss 60CC(2) and 60CC(2A) of the Family Law Act 1975).
For all Children / Parental Orders / Parental Plans or amending Parental Orders, contact our office.
Our office is staffed with both male and female family law practitioners who are ready to assist your enquiries.
Binding Financial Agreements (BFAs)
You can enter into a BFA before the marriage (s90B), during the marriage (s90C), or after the marriage (s90D).
You can enter into a BFA before the de facto relationship (s90UB), during the de facto relationship (s90UC), or after the de facto relationship (s90UD).
Each party to a Financial Agreement must be provided with independent legal advice about prescribed matters by an Australian legal practitioner before entering into the Financial Agreement.
The Court does have the power to set aside a BFA and in certain circumstances, the Court will exercise its discretion to do so.
Overall, there are significant advantages of entering into a BFA, it avoids protracted litigation, it is costs effective and gives the parties more control over the distribution of their matrimonial assets in the event of a breakdown of their marriage/relationship.
Whether you are contemplating marriage, during marriage or after separation, you should seriously consider the importance of entering into a BFA.
For a confidential discussion - speak to our lawyers today.
Divorce
Separation Certificates assist when it comes to filing for Divorce especially when you and your partner have been living under the “same roof” after separation.
Do you intend to file for Divorce along and there are children in the marriage? You will be required to appear in Court.
If you are seeking substituted service or that you cannot locate the other party, you will still be required to attend Court.
Give us a call today.
Note that you will not be able to apply for Divorce unless you and your partner have separated for over 12 months.
If it has been less than two years since you have been married, the parties must go through counselling before any party may apply for divorce.
If you need assistance with your divorce application, give us a call today.
Disclaimer: Contents provided on this webpage are general information only and are not intended to be legal advice. Legal advice will only be provided upon consultation with our office.
A new Court: The Federal Circuit and Family Court of Australia (“FCFCOA”)
On 1 September 2021, the Federal Circuit Court and the Family Court of Australia, merged into a single court known as the Federal Circuit and Family Court of Australia (FCFCOA).
The new Court is governed by new case management and a single set of rules, designed to resolve the family law caseload backlog and reduce overall processing time across the nation.
The purpose of the FCFCOA is to facilitate the just resolution of disputes according to law, as cost effectively and efficiently as possible.
What our client says
What our client says
I had a bitter divorce property settlement. My ex-husband was a sneaky person beyond imagination. My case dragged on for 5 years … Zhang Partners was with me throughout the entire difficult legal process.
They were knowledgeable and skilful at preparing quality affidavits.
I would like to thank the Family Law team of Zhang Partners for their effort, their professionalism and expertise over the last 5 years …
I have no hesitation recommending Zhang Partners to anyone seeking legal representation…
M. L, United States