Family law is a sensitive area and Prudentia Legal’s team of lawyers is dedicated to achieving the best possible outcome for you and your family.
If you are experiencing divorce and separation, there is every chance that you are confused, scared or in grief. The grief suffered upon the breakdown of a significant relationship is on par with the grief we experience on the death of a loved one. We understand the importance of ensuring our clients receive not only expert advice on their rights and obligations, but also guidance during the difficult period for them and their children.
Our team is able to give you comprehensive advice about your legal rights, entitlements and obligations and are dedicated in acting in your best interests, particularly surrounding your parental rights and financial rights, pre-litigation or at court.
We deal with:
Have you been married before and you’ve both come to the conclusion that you aren’t life long partners? Have you also been separated for over 12 months? If both parties agree, you may apply for a Joint Application for Divorce. However, if the other party does not “agree” to a Divorce, this does not present a problem as you may still apply for a Divorce Order. There are just a few more steps involved. Some divorces are more complicated, for example you may have continued to live together in the same house after separating. In these situations, we are able to prepare the additional documents needed to satisfy the Court requirements and obtain the divorce.
To apply for a divorce, you must be in a position to prove the following:
The Divorce Order does not resolve children’s’ arrangements or property matters. You need to make those arrangements separately. However, you need to show in a Divorce Application that you have made appropriate arrangements for the welfare of the children. If you are considering a divorce application, come talk to us at Prudentia Legal.
Sometimes, a marriage can also be declared as annulled, if certain key elements of the marriage are missing at the time of the marriage. Sometimes, declaring an annulment may be more beneficial at times depending on your circumstances.
At the end of a relationship, it is necessary to determine how to divide up your assets and financial resources. ‘Property settlement’ is the term used to describe who gets what after the end of a marriage. Some of the assets worth considering are:
The Court has the right to say how property is divided when a marriage or defacto relationship (separating after 1 March 2009) has broken up. In order for the Court to make a determination, it will consider each parties ‘future needs’ including;
Prudentia Legal is able to assist you in reaching an agreement with your partner about a financial agreement whether it be a Binding Financial Agreement, a Consent Order or through fighting for your rights in Court. We will talk to you about the best way of achieving an agreement in your particular situation.
Often when parents separate, the most difficult problem to resolve is determining how much time a child should spend with each parent. We know that the outcome of your loved one’s family law matter is of the utmost importance and it is vital that you have on your side a family lawyer that will provide you with committed and exceptional service and understanding.
At Prudentia Legal, we understand that a marriage breakdown or relationship breakdown is a stressful time and it can be exacerbated when children are involved. At Prudentia Legal we are sensitive to and attuned to your needs to protect your children from conflict and achieve early resolution. We are well connected with family Dispute Resolution professionals, counsellor, psychologists, psychiatrists and other professionals to assist clients and their children post separation.
In most cases, parents and other family members understand the need to put a child’s safety and emotional well-being first. By law the best interests of the child are always the most important consideration. When considering parenting arrangements after relationship breaks downs, the Court must also consider the child’s wellbeing and weigh up the value of living with the parent. Generally, the Court may make decisions with respect to:
At Prudentia Legal, we realise the importance of your relationship with your children and we will fight for your rights every step of the way.
Help is available for Victims of Domestic Violence; you must act though. An issue with domestic violence is that it may not always be reported to the authorities. “Violence” is typically defined as physical abuse, emotional abuse, sexual, psychological or verbal abuse, economic abuse, threatening or coercive behaviour or acts, which are aimed at dominating and/or controlling a family member, partner or ex-partner. Regrettably, most victims are silent towards the violence against them because they have suffered, are vulnerable and don’t think what is happening to them is actually considered to be Family Violence. Other times the victims are too scared to do anything about it or are scared for their children.
Although in urgent situations, you should always contact the police, we also condemn of any violence whether verbal, physical, emotional or economical. We can help you to apply for any relevant intervention orders/restraining orders/apprehended domestic violence orders if you believe your wellbeing is at risk or have reasonable fear it will continue, and we can also defend vexatious claims of the same.
