Melbourne Family lawyers
Legal expertise you can rely on with 50+ years of experience
Separation and Divorce
Finding an experienced trusted family lawyer is your first step to a successful outcome.
You do not need to wait until you are divorced to settle your financial and property matters or make care arrangements for your children. We recommend settling these matters first, as a divorce imposes a 12 month time limit on making a property or financial settlement claim. Refer to our section under Separation and Divorce for further details. This will explain the stages of Separation.
When separating from your partner, it is important they understand that the relationship is over, as you will need to show that you have been separated for 12 months with no chance of reconciliation.
If you recommence a relationship with your spouse, the 12 month period resets. You may be separated but continue to live under the same roof; this is most common where parents separate but wish to care for their children together.
You must provide evidence to establish that your separation is genuine.
Wills and Estate Planning
A Will protects what you have worked hard to build up. It aims to prevent a family from being torn apart by bickering over what you leave behind.
Powers of Attorney is a legal document that lets you appoint someone to make decisions about personal matters (such as where you live) or financial matters (such as paying bills) or both. This person is called an attorney. You can limit the power to cover only specific matters, and you can choose when the powers start. Where there is no Powers of Attorney, the Government or VCAT, will appoint and administrator to make decision on your behalf if you are not able to.
Probate is the process of finalizing the deceased assets and financial debts in order to distribute them to the beneficiaries as per the Will, or where there is no Will, the court will grant letters of administration to the person who applies to step in as Executor.
The Executor needs to ……
Parenting Matters
The Court will presume that equal shared parental responsibility is in the best interests of the child, however this is not the case if there has been child abuse or violence by a person or person living with the parent.
If the Court believes that the child may be at risk in the care of a parent, they can order that they spend time or communicate with the parent under supervision and often request a meeting place to be agreed upon where the child can be picked up, dropped off or spend supervised time at.
We are trustworthy professional lawyers who can give you a fixed cost per stage and do not work on billable hours.
Whilst you have to wait at least 12 months from the date you separate to apply for a Divorce, you can commence with the process of finalising your property and financial agreements under the Family Law Act 1975 immediately. The actual Divorce Application in Australia is a separate legal process. So contact us now to get things started.
03 9654 8397
Locations also in Doncaster (by appointment only)
A subsidiary of Antippa Lawyers
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