Family Law

The lawyers at Chamberlains understand that every family law matter is unique. We use a comprehensive and practical approach to achieve constructive outcomes for our clients.

Testimonials

You have given me the chance of a fresh start that I didn’t think I’d ever have again to be honest. You literally changed my life and I’ll never be able to thank you enough. Just wanted to let you know how much I sincerely appreciate all your help and hard work.

Compensation Client

The team at Chamberlains made buying a property extremely easy, I never once experienced the stress people talk about during the exchange/settlement periods of their property. Definitely recommend!

Conveyancing Client

The debt recovery team went above and beyond when our business was owed money. Would use again for sure!

Insurance Client

We picked the most highly specialised and talented lawyers.

The lawyers at Chamberlains understand that every family law matter is unique. A comprehensive and practical approach is needed to achieve constructive outcomes for our clients.

We work collaboratively with accountants, psychologists and mediators to ensure you achieve an outcome that is tailored to your individual needs and the best outcomes for your family. We are able to work with you at all stages of your matter including preparing for a separation or assisting you with navigating your family law dispute. We are experienced in negotiating and documenting agreements or preparing your matter for Court.

For a solutions-based approach to your Family Law matter, make an appointment to confidentially discuss a family law strategy that is tailored to your individual circumstances.

 

Process - what happens next?

Initial case evaluation

After an initial briefing of your matter, we will provide you with a preliminary quote.

Consultation

We look into all aspects of your matter and suggest the most viable path for you.

Case management

The Chamberlains team will work tirelessly to reach the best possible outcome for you.

Services

Divorce & Separation

An application for divorce, once granted, ends your marriage. Either party to a marriage may apply for a divorce in a joint or single application. There is no requirement of fault to obtain a divorce, only that you have been separated for a period of 12 months.

We know going through a separation can take a toll on both yourself and your family. There are many aspects to consider: finances, living arrangements, and a variety of documents to collate. Chamberlains lawyers can help guide you through your divorce or separation, and to make things slightly easier we have also prepared a checklist which can assist you in the tasks you need to complete. Read our Separation Checklist.

Property Matters

Until you have a property settlement, your assets and financial resources are open to division between you and your former spouse. As a full service firm, Chamberlains can provide you with advice about your rights, responsibilities and entitlements in relation to a property settlement under the Family Law Act, but also ensure that any outcome protects your commercial interests and is consistent with any future estate planning.

Whether you are considering separating and need some preliminary advice, have an agreement you wish to have documented, need assistance negotiating with your former spouse or representation in Court, our Family Lawyers can assist you with timely advice regarding an appropriate distribution of your assets and the best way of achieving your outcomes.

Parenting Matters

Resolving your parenting matter can be challenging but it does not have to be acrimonious. Our Family Lawyers can assist you in achieving parenting arrangements that support your post separation co-parenting relationship. We have a network of experts including Counselors and Mediators that can assist in the resolution process.

We have a focus on helping our client’s reach outcomes that work for their family and individual circumstances, which includes advising the best way to document your agreement. We are also experienced in advising on adoption matters.

Litigation, Arbitration & Mediation

Litigation
Family Law matters are litigated in the Federal Family Law Courts. Our Lawyers regularly appear in parenting and property matters in Newcastle, Canberra and Sydney. We can assist you in all stages of a family law litigation process and appear as Solicitor Advocates where possible.

Mediation & Dispute Resolution
Mediation allows parties in dispute to develop an outcome in parenting or property matters that addresses each party’s individual needs in a timely and cost-effective manner, without the stress and expense caused by litigation.

Our Family Lawyers are experienced in mediation and can assist you with selecting a Mediator and preparing and representing you in a family law Mediation. Our Family Lawyers can also assist you in ensuring you obtain the relevant s60I Certificates from a Family Dispute Resolution process if you are unable to resolve your matter and need to go to Court.

Arbitration
With the significant delays in getting to a hearing in the Family Law Courts, our Family Lawyers can advise you on alternatives such as Arbitration. This form of dispute resolution can afford a more expeditious and binding outcome in property matters. We are able to recommend experienced Arbitrators and assist you through the process to obtaining a determination for some or all aspects of your family law dispute.

Financial Agreements

Financial Agreements can be entered into prior to or during a relationship or marriage to protect assets and document how property is to be divided upon separation. This can reduce uncertainty and delay in resolving your matter if you separate. If you have already separated, Financial Agreements can be a way of documenting a consent Agreement reached that includes provision for or protection from spouse maintenance after separation.

Financial Agreements can cover all of the property of the parties, or specific assets only. If your financial circumstances are complex or involve commercial interests, we can advise you regarding options for a Financial Agreement that provide for protection from issues or taxation consequences that may not be able to be provided for if your matter is litigated.

Consent Orders

If you have reached a property or parenting agreement (or both), you should document the Agreement in Consent Orders which are lodged with the Court. Leaving your agreement informal and to chance can cause future problems if misunderstandings arise or there is a change in circumstances.

If your matter is documented, you have an outcome that is certain and enforceable, and we are able to advise you on the most comprehensive way to document your agreement.

Child Support

Child support is an obligation for one parent to pay the other parent or non-parent carer financial support for the benefit of that party and their child. It is usually based on income and the current arrangements for care, and paid on a periodic basis.

If the usual formula is not meeting the needs of your family or you have reached an agreement regarding child support, we are able to assist you to document that agreement in a manner that is enforceable with the Commonwealth Department of Human Services.

Surrogacy

The laws regarding altruistic and commercial surrogacy arrangements are complex and vary between States and Territories. Our Family Lawyers are experienced in advising on the legal issues and risks in entering into a surrogacy arrangement and the process of obtaining parental responsibility for a child.

 

Family Violence Orders

We can provide advice and representation in relation to obtaining or defending a Family Violence Order (FVO) or Personal Protection Order (PPO) in the ACT.

We can provide advice and representation in relation to defending an Apprehended Domestic Violence Order (ADVO) in NSW.

FAQ

  • What is a De Facto Relationship?

    A de facto relationship is defined in the Family Law Act 1975 Act (Cth) as being a relationship between two people of the opposite or same sex who live together on a genuine domestic basis. Section 4AA of the Act provides defining qualities to a de facto relationship that include:

    1. not legally being married to each other;
    2. not related by family; and
    3. regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.

    Read more here.


  • How are pets treated in family law? 

    The simple answer is, they are treated as personal property, much like a book collection, lamp or couch. Pets are not mentioned in the Family Law Act. However, the general legal position is that they are chattels. Disputes about who should keep pets are rarely decided by the Court. This is likely because the Court takes a relatively poor view of parties who cannot resolve the division of personal property.

    Read more here.


  • Is 50/50 a fair split in a family law property settlement?

    The short answer is maybe, but not necessarily. 

    The facts of each property matter can result in vastly different outcomes and different minds can draw different conclusions. Negotiations between spouse parties can often add another complicating factor. If an agreement is reached which is not just and equitable in all the circumstances of the case and submitted to the Court in an Application for Consent Orders, the Registrar of the Family Court of Australia will not make the Orders.  It is important to understand the principles and see a lawyer experienced in family law so that the right questions can be asked and the correct strategy employed to reach a settlement which can be successfully recorded in Consent Orders.

    Read more here. 


Contact us.

P +61 2 6188 3600
E hello@chamberlains.com.au

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