Parenting Orders – Considerations of the Court
In child custody matters, when making a parenting order, the main consideration of the court is whether the proposed arrangements are in the best interests of the children. The court presumes that it is in the best interests of the children for parents to have ‘equal shared parental responsibility’, but it...
Mistakes made in Child Custody Proceedings – Watch Your Behavior
INTRODUCTION A traditional Chinese curse simply put is “May you live in interesting times” and ‘interesting times’ is the most charitable description of the daily happenings of those parents entering into the affray of child custody proceedings. Seeing our own client’s daily personal battles i...
Making your AVO work for you
Most people find their AVOs to be highly effective in preventing violence, intimidation and harassment. You have every reason to be hopeful that the defendant to your AVO will take proper notice of your AVO, and that you will have no further trouble. In the end, however, an AVO is an order of the court not jus...
Women and Family Law
This is the tenth edition of Women and Family Law. It states the law as at April 2014 that applies to married and de facto couples (including same sex de facto couples) after relationship breakdown. This booklet provides a starting point for finding out information about the law. It provides some answers to comm...
Share the Care Parenting Plan – Collaborative Parenting Apart
Divorce and separation are painful for everyone involved–particularly children. At this challenging time children need support, love and contact with both parents. Some certainty about the future is also very important for everyone. A written parenting plan, worked out between parents, will help clarify th...
An Invitation to Split!! Binding Financial Agreement / Pre-Nuptial Agreement
Wallace & Stelzer and Anor  FamCAFC 199 Background to the case `A couple, known by the court as Mr Wallace and Ms Stelzer, met in 1998 at the Sydney club where Ms Stelzer worked soon after Mr Wallace split from his first wife. He was 51 years old, divorced and came into the marriage with an "ove...
Family Law Divorce
Sometimes our relationships just don’t work out and both partners may agree to go their separate ways. While it’s a difficult situation to be in, it’s important to bear in mind that making such a decision will require both of you to reach an agreement concerning parenting of children and/or your financial situation. Whether you’re in a de-facto relationship or legally married, the Family Law Act provides a means for the parties to reach a divorce settlement.
There are two ways for the parties to reach a divorce agreement:
- Firstly, through an amicable settlement. In this case, the best way to ensure your divorce agreement is final is to draw up Consent Orders which, together with a Consent Application, are filed with the court without the need for a court appearance. It is always a first priority to avoid going to court if divorce negotiations are successful. In some cases, parties may want to enter into a contract or binding financial agreement that is made outside of the court process.
- The other way however, is when both parties cannot agree on one or more issues and their opinions are too far apart, either in respect of children’s matters or property issues or both. This is when your lawyer may recommend that, in order to achieve a timely resolution, you issue divorce proceedings in the Federal Circuits Court of Australia or the Family Court of Australia, otherwise known as the Family Law Courts.
GMH Lawyers have extensive experience in family law and divorce, as well as matters concerning families in Australia, especially those that involve separation issues. Our friendly team will be able to provide you with advice on various family issues
Reaching a separation agreement can be a short or lengthy process, depending on the views of the parties. Regardless of which path you decide to take, you will need to seek professional advice in order to ensure that any divorce agreement reached is legally binding.
GMH Lawyers aim to take the worry and stress out of your separation, by ensuring your rights are protected and that you obtain a resolution that is as close as possible to what you would have obtained had the matter been heard before a judge.
Knowing that you will obtain this result means you can concentrate on the important matter of rebuilding your life post separation and divorce.
Call the experienced team at GMH Legal to assist you in your matter.
A free consultation with GMH Legal is an opportunity to gain deep insights into your legal situation and all of your options.
Why Choose GMH Legal?
- Over 60 years of combined legal experience
- Outstanding track record with a winning approach
- First appointment is always free
- Meet our team now.