Family Law
von Doussas has a team of highly experienced Family Lawyers who can assist you with all aspects of Family Law.
Our family lawyers provide expert advice and representation for clients navigating divorce and property settlement matters. We understand that the breakdown of a relationship can be emotionally challenging, and we are committed to helping you achieve fair and practical solutions. Whether you're seeking a divorce, negotiating property division, or considering a binding financial agreement, we offer clear guidance through each stage of the process. With a focus on protecting your interests, we work to secure the best possible outcome for you, using negotiation or, if necessary, court proceedings. Contact us now to discuss your matter. Or read on to learn more.
Divorce
How to choose the best divorce lawyer for you
Going through a divorce can be a stressful time, and the lawyer you choose needs to be one with whom you feel comfortable and confident. The first step is to search for and compile a list of experienced divorce lawyers. Second, narrowing your list by researching those you believe have the attributes to help navigate this complex and often confronting process. Divorce lawyers often specialise in different areas; some may have experience in complicated financial matters where others are adept at managing high conflict divorces or helping those with limited financial means. It is important that you find a solicitor whose background and expertise aligns with the process you want to take. It is also important to note that your research should extend beyond a basic internet search. Internet advertising can often mislead and the firm with the biggest budget may not be the most suitable for you. With this in mind, it is important that you meet with and "interview" any potential solicitors, as this is the most effective means of determining whether they are suitable for your case. Investing time in choosing the right divorce lawyer for you is time well spent. So while getting divorced is never painless, choosing the right lawyer can make your experience the best it can be.
Getting a divorce
This is the easy bit, and the best part is that you do not need legal help or incur costs to get one. However, it is more difficult to secure your property rights. For that you should engage a lawyer. But be careful. Once your divorce is final, the clock starts ticking on the time limits for getting a property settlement through the courts.
Property Settlement
What is a property settlement?
There is no right to an equal split of property after a divorce. Dividing your property will be a decision left to the courts if you and your ex-partner cannot agree. The court will consider each party's contributions and needs. It will then use that information to help it decide what percentage of the property each party should receive. The court can then make a range of varying orders to support its decision, including: - ordering a person to pay money; - sell / transfer property to his/her partner; - split superannuation; or - selling and dividing the proceeds of the family home. An experienced property settlement lawyer can advise how the rules apply to your particular situation. The legal team at von Doussas can help protect your legal rights while resolving any disputes quickly and efficiently.
Time limit for property settlement
There is no minimum time limit you must wait to do a property settlement. If you are a married couple, you will have one year from the date that your divorce is final or absolute to apply to the court for a financial order. Your divorce becomes absolute when the court issues a Certificate of Divorce, typically 1 month and 1 day after the divorce hearing. If this time limit has expired, a court may grant an extension upon receiving an application for leave to proceed. A court will consider if there is an adequate explanation for the delay and if denying your claim would cause hardship. If you were in a de facto relationship, you have two years from the date that your de facto relationship ended to apply to the court for a financial order. Like following a divorce, it is possible to get an extension as per the discussion above. It is important to see a property settlement lawyer as early as possible. This allows the lawyer to prepare property before filing documents in court and take steps to preserve property. This is the best way to increase your chance of a good outcome. To save further time, you can apply for property/financial and parenting orders in the same application.
Parenting Disputes
The how and why of parenting arrangements
von Doussas’ family lawyers understand that one of the hardest aspects of a separation to deal with is deciding on new parenting arrangements. After separation, both parents will continue to have joint responsibility for deciding about the short- and long-term welfare and development of children. Many separating parents wish to distinguish their rights and responsibilities for children and negotiate orders. The courts call these Parenting Orders (terms such as custody and access are no longer in use). The three main types of Parenting Orders are: - Residential Orders specifying the parent with whom the child lives; - Orders that specify the parent with whom the child will spend time and when; and - Specific Issues Orders dealing with any other aspect of parental responsibility concerning the special needs of a child or children. We can help you by advising about: - Parenting Orders; - Drawing up documents; - Acting in court proceedings; and - Assisting in mediations.
Time limit for property settlement
There is no minimum time limit you must wait to do a property settlement. If you are a married couple, you will have one year from the date that your divorce is final or absolute to apply to the court for a financial order. Your divorce becomes absolute when the court issues a Certificate of Divorce, typically 1 month and 1 day after the divorce hearing. If this time limit has expired, a court may grant an extension upon receiving an application for leave to proceed. A court will consider if there is an adequate explanation for the delay and if denying your claim would cause hardship. If you were in a de facto relationship, you have two years from the date that your de facto relationship ended to apply to the court for a financial order. Like following a divorce, it is possible to get an extension as per the discussion above. It is important to see a property settlement lawyer as early as possible. This allows the lawyer to prepare property before filing documents in court and take steps to preserve property. This is the best way to increase your chance of a good outcome. To save further time, you can apply for property/financial and parenting orders in the same application.