AREAS OF FAMILY LAW

TOWN AND COUNTRY FAMILY LAW

You don’t have to do it all on your own.

We’re ready to help.

Whether you need assistance with:

Or all of the above

With availability for after-hours appointments, we’re there for you when you need us.

Reach out by phone, email or via social media to set up an initial consultation.

PROPERTY

Steps to a settlement

Working out a property settlement is a complex matter. There is no ‘one size fits all’ solution. Considerations include ascertaining the asset pool, reviewing each person’s financial and non-financial contributions throughout the relationship, and understanding their future needs. Each party will disclose their financial position, asset and liability values and provide their personal and/or joint financial information. Valuations may be sought. Company accounts, trust deeds and company tax and financial information will also be requested as is applicable. The settlement result will be reflected legally in either consent orders or a binding financial agreement.

If no settlement can be reached, what happens?

Sometimes however the process stalls and negotiations break down. It may be necessary to issue proceedings at court, noting too that there is a 12-month time limit from the date of divorce to finalise your property settlement. If you were in a de facto relationship, the time limit is two years from the date of separation.

Every case is different. Call for a confidential discussion of where you’re at and what we can do to help you resolve your property settlement.

PARENTING

Many options for parenting arrangements

There are various stages to parenting matters. In the short term, most separating couples can negotiate an interim arrangement, such as:-

If one party moves out of the family home, the other continues residing there with the children. Spend time arrangements are negotiated for the non-resident parent to spend with the children.
Both parents continue living under the one roof but separated (living like flatmates) and continue to parent the children together.
Bird-nesting: both parents move out, but the children are left living in the family home (the nest). Each parent stays to look after the children when it is their turn, then moves out when the other parent arrives for their time.

Arrangements for the children’s care can be reflected in different ways, such as an informal agreement, parenting plan or parenting orders.

Common issues to consider

Sometimes however, issues such as family violence prevent a negotiated outcome, or the parties can become entrenched in their positions and immovable. Common points of contention include time spent with children, payment of expenses, choice of schooling, passports, or permission for medical procedures. Additional issues include family violence, threats to child safety, neglect, mental health issues, or drug and alcohol concerns.

It may be appropriate to issue proceedings to progress the matter. If so, in the absence of family violence, the court requires parents obtain a Section 60I certificate prior to applying to the Court for parenting orders, showing they have at least tried to resolve the matter through mediation.

It’s all about the children’s best interests

At the end of the day, most people just want what is best for their children.

Call for a confidential discussion about how we can help your family move forward.

DIVORCE

Is it time to move on? If you have been separated over 12 months from your ex-partner, you may wish to apply to the court for a divorce (either on your own or jointly with your ex-partner).

Sole application?

If either of you make a sole application for divorce, you will need to serve your ex-partner with the application. If there are children under 18 years, the court will require your attendance at the hearing to confirm parenting arrangements.

Or joint application?

If you make a joint application with your ex-partner though, neither of you are required to serve the application on the other party, nor are you required to attend court (even if there are children under 18 years).

It’s usually straightforward …

An application for divorce is usually a reasonably straightforward matter. Sometimes however the other party cannot be located, or they are unresponsive. There can also be a dispute between the parties about the date of separation. It can get tricky.

Either way, we will work with you through every step of your divorce from start to finish. Ask about our fixed fee option for a simple divorce too.

FAMILY VIOLENCE

Coercive control, domestic abuse, intimate partner violence and/or family violence may feature in your relationship.

If you’re in immediate danger, call the police.

If you’re looking to leave an abusive relationship, call us for advice before you do, if possible.

Family violence has many forms …

Violence and abuse can come in many forms: emotional, physical, sexual, verbal, religious, financial and more. Some people don’t see themselves as victims because they have never been physically hit by their partner. But they do get yelled at or belittled every day. Or they don’t have access to the bank account. Or they’re not allowed to wear certain clothes or go to a certain church.

And it often features in family law matters

We understand financial abuse and how prevalent it is in family law matters. We also understand how subtle and nuanced coercive control is, and that family violence often escalates at the time of separation.

Whether your matter involves parenting, property or both, call for a confidential discussion about your options. We’d be happy to help.

TESTIMONIALS

Katherine has a brilliant and practical approach to family law that successfully achieved the outcome I sought. She had a personal approach to guiding me through the complex and emotional field of family law, keeping me focussed on the matters that are worth fighting and those that are not (ie. a waste of time and money). Katherine has very extensive experience in family law, is extremely professional in the conduct of her matters and I highly recommend her.

The best decision I made was to trust Katherine with my family law matter. Myself and my children couldn’t have been in better hands and the life that we have today is all because of her knowledge, dedication, and personal approach, where her patience and empathy always shone through. Looking back now, and being out the other end of years of battling in the family court, every dollar that I spent following Katherine’s advice was so well spent, I couldn’t have been any more supported through the most challenging time. When the battles in court became all too much for me Katherine carried that weight, she very much protected me, and gave me the reassurance and support to get through so I could focus on supporting my children, working, and setting up a new life for us all. The barristers Katherine engaged with always had a detailed knowledge of my case from Katherine’s briefing which saved me from having to discuss detailed situations of domestic violence over and over. Katherine was always flexible in meeting or talking with me when my children couldn’t over hear conversations or I wasn’t at work, there were often phone calls or emails out of business hours, and as the world fell apart around me, she is the one person I could always count on to know what would be the best approach for a positive long-term outcome. Katherine’s personal approach, knowledge and caring nature are exactly what anyone needs to survive the family court.

Hi Katherine, Happy New Year… I just want to wish you all the best with your endeavour with your law firm. I am so glad that victims of family violence as well as women just trying to get the representation needed will have you to represent them. Thank you so much for representing me. I had so many trust issues, but you gave me the confidence to go ahead. Thank you.

Katherine was my lawyer throughout the financial settlement process between my former husband and me. Her advice was exceptional. She was level-headed and responsive when there was game playing, while holding integrity. She responded promptly to all my questions (texted or emailed) and offered reassurance during a very challenging time.
I fully recommend Katherine's services.