PARENTING, CUSTODY, PROPERTY

Family Law & De Facto Law

Whether you are married or in a de facto relationship with or without children. If your relationship is failing Enrights Solicitors have the knowledge and compassion to assist you in this difficult and stressful time.

View below to find out more information about services we supply for Family Law and De Facto Law for both Property and Children.

Leaving an Abusive Relationship

Are you leaving an abusive relationship, are trying to leave or have already left an abusive relationship?

An abusive relationship does not necessarily just mean “physically” abusive. Some forms of abuse can include:

Emotional abuse
Verbal abuse
Controlling and manipulative behaviour
Bullying
Physical abuse
Threats of physical harm to you, another person or themselves
Sexual abuse

Enrights Solicitors works closely with many organisations in the Hunter and surrounding areas that support victims of domestic violence and can provide you with assistance in transitioning into a life without abuse.

We have many contacts within the local area that can assist you in obtaining the necessary help, support and guidance to ensure your safety and that of your family.

We are totally dedicated to ensuring that victims of domestic violence receive the support and legal advice to transition into a life without abuse, receive their legal entitlements and live in a safe environment.

We have vast experience in dealing with victims of domestic violence and we ensure that your safety and the safety of your children is of paramount importance.

Please also feel totally comfortable about the fact that all conferences are strictly confidential.

Divorce

Divorce is the legal process to end a marriage. You must be separated for at least twelve months, sometimes even under the one roof, before you can file for a divorce.

The Court must be satisfied that the relationship has broken down irretrievably (they are not concerned as to the reasons for the breakdown of the marriage as it is a “no fault” system).

If you have children under the age of 18 years, the Court must be satisfied in granting a divorce that sufficient arrangements have been made for the care of the children.

You do not need to be divorced in order to finalise a property settlement. However should you choose to divorce prior to finalising your property issues, all property matters must be commenced in the Court within twelve months from the date of divorce or two years after separation.

Filing an Application for Divorce is a reasonably simple process and you may like to undertake this yourself. Application “Do It Yourself” Kits can be obtained by contacting the Court on 1300 352 000 or via their website at www.federalcircuitcourt.gov.au.

Of course Enrights Solicitors is always more than happy to assist you with your divorce matter and provide guidance and representation in respect to any aspects of your matter.

Property Settlement - Married

Enrights Solicitors understands that once a relationship has broken down it can be a highly emotional and stressful time for the parties involved and during this time you need advice, guidance and assistance in an easy to understand and compassionate way.

We are committed to working with you to guide you through this emotional and most difficult time of your life. We do not believe that in these types of matter there can be “winners” and “losers”. Rather we believe in ensuring that each person receives what he or she is entitled to in the most cost effective and stress free way.

We can assist you in determining what your entitlements should be, negotiating and reaching a suitable property settlement and formalising such settlement via either Terms of Settlement filed in the Court or a Binding Financial Agreement.

Our Family Law staff are highly experienced in property settlement matters and we invite you to contact our office to make a convenient appointment time to discuss your entitlements and/or the process for a property settlement.

Property Settlement - De Facto

A de facto relationship is a one in which two people who are not married or related have lived together as a couple on a genuine domestic basis. This includes same sex relationships.

Certain factors determine whether a couple have a de facto relationship including:

The duration of the relationship
Whether a sexual relationship exists
The degree of financial dependence and any arrangements for financial support
The ownership, use and acquisition of property
The care and support of children
The nature and extent of their common residence
The reputation and public aspects of the relationship
The degree of mutual commitment to a shared life.

You are entitled to seek a property settlement under the Family Law Act if you were separated on or after 1 March 2009 and your relationship falls within one of the following categories:

the period (or the total of the periods) of the de facto relationship is at least two years
there is a child of the de facto relationship
one of the partners made substantial financial or non-financial contributions to their property or as a homemaker or parent and serious injustice to that partner would result if the order was not made, or
the de facto relationship has been registered in a State or Territory with laws for the registration of relationships.

If your relationship broke down prior to 1 March 2009 the property settlement of your de facto relationship would be based on the following:

Financial contributions made during the relationship
Non-financial contributions made during the relationship
Contributions made as a parent and/or homemaker during the relationship.

Another option is to enter into a Binding Financial Agreement which can be entered into prior to cohabitation, during cohabitation or following separation.

Please note however that ALL de facto property settlements must be commenced within two years of the date of separation.

Parenting Orders

Whether you have recently separated, have been separated for some time, communication has broken down with a former partner or you have recently had a child, you may wonder what your legal entitlements are in relation to who your child or children can live with, spend time with and what decisions you are entitled to be a part of making.

Parenting children is no easy task and is made even more difficult when relationships break down. We believe that it is generally in the best interests of all concerned if both parents are able to sit down (with or without legal representation) at an informal conference or formal mediation to discuss parenting arrangements for the children.

It is now a requirement that parties attempt Mediation prior to commencing legal proceedings however there are some exceptions to this requirement.

We have found in most situations that when given the opportunity of mediating a dispute parents are able to work together and come to an arrangement which is in the best interests of the child or children.

However if Mediation is not successful or not appropriate for your particular matter, the next step is to file proceedings with the Federal Magistrates Court of Australia or indeed the Family Court of Australia.

Of course it is not always a parent who is seeking to spend time with a child or children or to have a child or children live with them.

We have also acted for extended family members such as grandparents, step-parents, siblings etc in this regard.

Types of Court Orders

“Live With” Orders which determine with whom your child or children will live.
“Spend time” Orders which determine when and on what terms your child or children will spend time with a certain person.
“Specific Issues” Orders which deal with matters such as medical or education.
“Parental Responsibility” Orders that determine which parent has the long term parental responsibility for your child or children with decisions in respect to the long term care, welfare and benefit of your child or children, including religious decisions, educational decisions and medical decisions.
Parenting matters can take several months or even years to reach a Final Hearing in the Court however there are always opportunities throughout the course of your matter to mediate or negotiate a settlement.

Working together for your children

When it comes to parenting, everything that a parent does has an impact on a child’s potential and development and research shows that parents who have not resolved their differences within many months of separation will have a greater negative effect on the psychological future of their child or children than those parents who resolve their differences.

At Enrights Solicitors we understand that your children are the most precious and valued people in your life and therefore how imperative it is that as parents you work together to protect your children from the emotional effects of separation.

This is why we will ensure that you are fully informed about the Court process and your entitlements. With our vast experience in dealing with various types of parenting matters and our knowledge that no two matters are ever the same, we can certainly assist you with this highly stressful situation.

Binding Financial Agreements

It is not always necessary to have an Order made by a Court in respect to the division of property in the event of the breakdown of a relationship.

You can resolve property issues by way of Financial Agreements, on an amicable basis.

Financial Agreements are not limited to when you separate. They can also be put in place prior to a relationship or marriage commencing or even during a relationship or marriage.

If a Financial Agreement is made prior to or during a relationship or marriage it generally sets out how the property will be divided between the parties should separation occur and can also deal with any financial arrangements you wish to make in your relationship.

When a Financial Agreement is made following separation this generally deals with the division of your assets as agreed upon by you and your former partner or spouse.

There are certain requirements that must be fulfilled for a Financial Agreement to be binding and at Enrights Solicitors we will ensure that your Financial Agreement is completed fairly and correctly so that it is binding on all parties.