family law

Our experienced team can provide you with clear practical family law advice and solutions for a range of family law areas saving you valuable time, stress and inconvenience. Our network of experienced family law Barristers ensures you are provided with expert legal representation through the whole process.

● Property Settlements
● Parenting arrangements and parenting plans
● Child Support
● Divorce and separation advice
● Application for urgent child recovery orders
● Binding financial agreements
● Family law representation
● Family law mediation

Property Settlements

With the ever-growing complexity of financial circumstances in a relationship, it is important to formalise a property settlement at separation. A property settlement that has been agreed by both you and your ex-partner can be formalised in a legally binding agreement known as Consent Orders.

Consent orders can include a wide range of property owned together, such as a house, shares, business interests, a family trust, superannuation and other property such as jewellery, cash and cars.

Considerations that will need to be taken into account include financial and non-financial contributions to the relationship and the future needs of the parties.

Should you be considering separation and require advice on a formal property settlement agreement, contact Buckley Lawyers. We have extensive experience in drafting property agreements and negotiating a property settlement for you without the costs and stresses of entering into court proceedings. However, should an agreement not be reached and proceedings through the Family Court system be required, we will be strong advocates to ensure that you receive the outcome that you are entitled.

Children & Parenting

In circumstances where separation has occurred and there are children involved, you and your ex-partner will need to discuss spend-time arrangements for the children.

Should these spend time arrangements need to be formalised, this can be done without the need of having to go to court and through either a parenting plan or through consent orders.

Both documents may deal with any of the following:

● who the children will live with;
● how much time the children will spend with each parent and with other people, such as grandparents;
● how the children will communicate with a parent they do not live with;
● any other aspect of the care, welfare or development of the child.

A parenting plan is an informal document and is not legally binding. However, if an application is made to a court for parenting orders the court will have regard to the arrangements entered into in the agreement. Consent orders however, outline the parenting arrangements of the parties and are filed with the Family Court of Australia. Should a party breach any of the orders a court can impose wide range of penalties.

In the event that both parents are unable to reach an agreement, the parties should attend mediation in order to obtain a mediation (section 60I) certificate. This certificate is required before a party can file proceedings with the Family Courts.

If court proceedings are necessary, we can represent you in court and guide you through the process. Our expertise in appearing in a wide range of parenting matters including recovery orders, contravention applications and child abduction cases will ensure we achieve the best possible outcome for your children.

Divorce

In order to be eligible for a divorce, both parties must have been separated for a period of at least 12 months before an application can be filed with the Federal Circuit Court. If an affidavit is also filed, parties that have been sharing a matrimonial property however consider themselves ‘separated under the same roof’ are also eligible to apply.

Parties can either be joint applicants or a sole applicant, however if a party is to be a sole applicant, they are required to serve their spouse with the divorce application documents. If the spouse cannot be located, an order for substituted service or dispensed service can be sought with the court. In circumstances where parties are joint applicants, is not necessary to appear at the divorce hearing at court.

At Buckley lawyers we have extensive experience in handling divorce matters and can guide you through this difficult process and appear on your behalf at your divorce hearing.

Child Support

If you have the care of a child/children you may be entitled to receive child-support from your spouse. However, understanding the complex formula used by the Child Support Agency is often a difficult process to navigate. At Buckley Lawyers, we can guide you through this process and advise you of your entitlements to child-support from your spouse.

In many circumstances, parties will forego applying to the Child Support Agency for an assessment of child support and enter into a Binding Child-Support Agreement (BCSA). A BCSA is a formal agreement between two parties who have gained independent legal advice and can include such elements as periodic and non-periodic payments, payment of school fees, extra-curricular fees, insurances and health related costs.

At Buckley Lawyers we have extensive experience in drafting BCSA’s. Contact us now for a no-obligation consultation regarding your child-support queries.