Sydney Family Lawyers

Best Family Lawyers in Sydney

There are several factors to consider when choosing a family lawyer in Sydney:

Experience and expertise: Look for a lawyer who has experience handling cases similar to yours and who has a track record of success. It can also be helpful to find a lawyer who is a member of a professional association, such as the Family Law Section of the Law Council of Australia, as this can indicate a level of expertise and commitment to the field.

Reputation: Consider the reputation of the lawyer and the firm. Look for lawyers who have a good reputation within the legal community and among clients. You can ask for references or read online reviews to get a sense of the lawyer’s reputation.

Compatibility: It is important to choose a lawyer who you feel comfortable working with and who you can trust. You may be sharing sensitive and personal information with your lawyer, so it is important to feel comfortable with them.

Fees: Consider the fees charged by the lawyer and the firm. Look for a lawyer who is transparent about their fees and who can provide an estimate of the costs involved in your case. It can be helpful to shop around and compare fees from different lawyers to find the best value.

Location: Consider the location of the lawyer’s office and whether it is convenient for you to meet with them.

By considering these factors, you can help ensure that you choose the best family lawyer in Sydney for your needs. It may also be helpful to consult with multiple lawyers and ask for references before making a decision.

Family Lawyers in Sydney or Mediators?

Whether you need a family lawyer or a mediator will depend on the specific circumstances of your case and your goals for resolving the issues involved.

A family lawyer can provide legal advice and representation to help you understand your rights and options, and negotiate a settlement that is fair and meets your needs and interests. A family lawyer can also help you navigate the legal process and represent you in court if necessary.

A mediator, on the other hand, is a neutral third party who helps facilitate communication and negotiation between the parties in an effort to resolve disputes. Mediators do not provide legal advice or representation, but can help the parties come to an agreement on their own terms.

In some cases, it may be beneficial to work with both a family lawyer and a mediator. For example, you may want to seek the advice of a lawyer to understand your legal rights and options, and then use a mediator to help you and your ex-partner come to an agreement on how to divide your property and assets.

Ultimately, the decision to work with a lawyer or mediator (or both) will depend on your specific circumstances and the complexity of your case. It may be helpful to consult with a lawyer and/or a mediator to discuss your options and determine the best course of action for your situation.

Common Issues Following Divorce

There are a number of issues that can arise in a divorce, including:

Division of property and assets: Determining how to divide the property and assets of the parties, including real estate, personal property, financial assets, and debts.

Child custody and support: Determining which parent will have primary custody of any children of the marriage and how any child support payments will be structured.

Spousal support: Determining whether one party should pay spousal support (also known as alimony) to the other party and, if so, the amount and duration of the payments.

Parenting arrangements: Determining the specifics of the parenting arrangements, including the schedule for parenting time and decision-making responsibilities.

Division of retirement benefits: Determining how to divide any retirement benefits, such as 401(k) accounts or pensions, accumulated during the marriage.

Division of business assets: If one or both parties own a business, determining how to divide the assets and liabilities of the business.

These are just a few examples of the types of issues that can arise in a divorce. The specific issues that will need to be addressed will depend on the circumstances of the case.

Divorce Requirements

In Australia, there are certain requirements that must be met in order to obtain a divorce. To be eligible for a divorce, you must meet the following requirements:

You must be married.

You must have been separated for at least 12 months. This means that you and your spouse must have been living separately and apart for at least 12 months.

You must be an Australian resident. This means that you must either be an Australian citizen or have lived in Australia for at least 12 months immediately preceding the filing of the divorce application.

You must file for divorce in an Australian court. This means that you must file the divorce application in the Federal Circuit Court of Australia or the Family Court of Australia, depending on your circumstances.

If you meet these requirements, you may be able to obtain a divorce in Australia. It is generally advisable to seek the advice of a lawyer to ensure that you understand the requirements and the process for obtaining a divorce in Australia.

Sydney Property Settlement Lawyers

There are a number of issues that can arise in a property settlement in Australia, including:

Determining the value of the property and assets: In order to divide the property and assets of the parties fairly, it is necessary to determine the value of each item. This can involve appraisals, valuations, and other methods of determining the value of the property and assets.

Dividing the property and assets: Once the value of the property and assets has been determined, the parties must decide how to divide them. This can involve negotiations or, if the parties are unable to come to an agreement, a decision by the court.

Determining the financial and non-financial contributions of each party: The court will consider the financial and non-financial contributions made by each party to the acquisition, conservation, and improvement of the property, as well as the future needs of each party and any children of the marriage.

Determining the tax consequences of the settlement: It is important to consider the tax consequences of the settlement, as the transfer of certain assets or the payment of certain types of support may have tax implications.

Dividing retirement benefits: If the parties have retirement benefits, such as 401(k) accounts or pensions, these must also be divided as part of the property settlement.

These are just a few examples of the types of issues that can arise in a property settlement in Australia. The specific issues that will need to be addressed will depend on the circumstances of the case.

Sydney Parenting Disputes Lawyers

There are a number of issues that can arise in relation to parenting and children in the context of family law, including:

Child custody: Determining which parent will have primary custody of the children and how the other parent will be involved in the children’s lives.

Parenting time: Determining the schedule for parenting time, including the frequency, duration, and location of parenting time.

Decision-making responsibilities: Determining which parent will be responsible for making decisions about the children’s education, healthcare, and other important matters.

Child support: Determining the amount of child support that will be paid by one parent to the other to support the financial needs of the children.

Relocation: If one parent wishes to move with the children to a different location, determining whether the move is in the best interests of the children and what, if any, changes should be made to the parenting arrangements.

Parenting plans: Developing a parenting plan that outlines the specifics of the parenting arrangements, including the schedule for parenting time and decision-making responsibilities.

These are just a few examples of the types of issues that can arise in relation to parenting and children in the context of family law. The specific issues that will need to be addressed will depend on the circumstances of the case.

How much will it cost to engage a family lawyer?

The cost of engaging a family lawyer can vary significantly depending on the specific circumstances of your case and the lawyer you choose. Some of the factors that can affect the cost of legal representation include:

The complexity of your case: Cases that involve complex legal issues or a large number of assets may be more expensive to resolve than simpler cases.

The experience and reputation of the lawyer: Lawyers with more experience and a good reputation may charge higher fees than less experienced or less well-known lawyers.

The billing method: Lawyers may charge their fees on an hourly basis, a flat fee, or a contingency basis (meaning they receive a percentage of any settlement or award). Each billing method can affect the overall cost of legal representation.

The location: Lawyers in larger cities or regions with a higher cost of living may charge higher fees than lawyers in smaller or less expensive areas.

It is difficult to provide an estimate of the cost of engaging a family lawyer without knowing the specific circumstances of your case. It is generally advisable to shop around and get estimates from multiple lawyers before making a decision. Some lawyers may offer a free initial consultation, which can be a good opportunity to discuss your case and get an estimate of the costs involved.

What should I bring to my first consultation with a family solicitor?

It is a good idea to bring any relevant documents with you to your first consultation with a family solicitor. This may include:

• Marriage certificate
• Birth certificates for any children
• Proof of income, such as pay stubs or tax returns
• Any documents relating to the property you own, including deeds and mortgage statements
• Details of any savings, investments, or other financial assets
• Any relevant court documents, such as a divorce petition or financial order
• It is also a good idea to bring a list of any questions or concerns you have, as well as a list of any goals or objectives you have for the legal process. This will help the solicitor understand your situation and provide you with the best possible advice.

Do I need to have a family lawyer, or can I represent myself?

It is not necessary to have a family lawyer to represent you in legal proceedings, and you have the right to represent yourself. However, family law can be complex, and the legal process can be intimidating and confusing, especially if you are not familiar with it.

A family lawyer can help you understand your rights and options, and can provide you with legal representation in court if necessary. They can also help you negotiate with the other party and try to reach an agreement without going to court.

If you are considering representing yourself, it is important to be aware that the other party may have a lawyer representing them. This can put you at a disadvantage, as the lawyer will likely have more knowledge of the legal system and how to present a case effectively.

Ultimately, the decision of whether to hire a lawyer or represent yourself is a personal one, and will depend on your specific situation and needs. It may be helpful to speak with a lawyer to get a better understanding of your options before making a decision.

How do I avoid my family law case going to court?

There are several ways you can try to avoid going to court in a family law case:

Mediation: Mediation is a process in which a neutral third party, called a mediator, helps you and the other party try to reach an agreement. This can be a less formal and less expensive alternative to going to court.

Collaborative law: Collaborative law is a process in which you and the other party work with your own lawyers to try to reach an agreement without going to court.

Negotiation: You and the other party can try to negotiate an agreement directly, either with or without the help of lawyers.

Consent orders: If you and the other party are able to reach an agreement, you can apply to the court for consent orders, which are legally binding and can be enforced by the court if one party does not follow through on their obligations.

It is important to keep in mind that not all family law cases can be resolved without going to court, and in some cases, it may be necessary to have a judge make a decision. However, by attempting to resolve the matter through one of these alternative methods, you may be able to save time, money, and stress.

Common Mistakes People Make in Family Law Matters

There are several common mistakes that people make in family law matters:

Not seeking legal advice early: It is important to seek legal advice as soon as possible, as this can help you understand your rights and options, and may make it easier to reach an agreement with the other party.

Not gathering necessary documents: It is important to gather and organize all relevant documents, such as financial documents, birth certificates, and property deeds, as these will be necessary to help the court understand your situation.

Not being realistic: It is important to be realistic about what you can expect to achieve in a family law case. It is not always possible to get everything you want, and it is important to be willing to compromise in order to reach an agreement.

Not being prepared: It is important to be prepared for court hearings and other legal proceedings. This includes being on time, dressing appropriately, and having all necessary documents with you.

Not following the court’s orders: If the court makes an order, it is important to follow it. Failure to do so can result in further legal action being taken against you.

Not keeping your lawyer informed: It is important to keep your lawyer informed of any developments in your case and to provide them with any relevant information as soon as possible.

Not managing your emotions: Family law cases can be emotionally charged, and it is important to try to keep your emotions in check. Losing control of your emotions can make it more difficult to reach an agreement and can also harm your case.

How to Prepare for a Separation

If you are preparing for a separation, there are several steps you can take to make the process go as smoothly as possible:

Gather important documents: Make copies of important documents, such as your marriage certificate, birth certificates for any children, and financial documents, such as bank statements and tax returns.

Make a budget: Make a budget to understand your financial situation and determine what expenses you will need to cover on your own.

Make a list of assets and debts: Make a list of all assets and debts that are in your name or that you share with your spouse. This will be helpful in dividing these assets and debts during the separation process.

Consider your living arrangements: If you are planning to move out, start looking for a new place to live and make arrangements for your living situation.

Consider the needs of any children: If you have children, consider their needs and how the separation will affect them. Make arrangements for their care and ensure that they have a stable and supportive environment.

Seek legal advice: Consider speaking with a lawyer to understand your rights and options during the separation process.

Take care of yourself: Separation can be a difficult and emotional time. Make sure to take care of yourself and seek support from friends and family if needed.

Is An Amicable Divorce Possible?

It is possible for a divorce to be amicable, meaning that both parties are able to agree on the terms of the divorce and are able to communicate and cooperate with each other during the process. However, it is important to keep in mind that divorce can be a difficult and emotional experience, and it may be challenging for some couples to maintain an amicable relationship. It may be helpful for both parties to seek support from friends, family, or a mental health professional to help them navigate the process. Additionally, some couples find it helpful to work with a mediator or seek the assistance of an attorney to help facilitate communication and reach mutually-beneficial agreements.

Why mediation in family law works

Mediation is a form of alternative dispute resolution that involves a neutral third party who helps facilitate communication and negotiation between the parties involved in a dispute. In the context of family law, mediation can be an effective way to resolve disputes related to divorce, child custody, and other family-related issues. Some of the reasons why mediation may be effective in family law cases include:

Mediation is typically less formal and less expensive than going to court. This can make the process less intimidating and more accessible for some parties.

Mediation allows the parties to have more control over the outcome of their case. In court, the judge makes the final decision, but in mediation, the parties have the ability to come up with their own solutions and agreements.

Mediation can be a less confrontational and more collaborative way to resolve disputes. The mediator helps facilitate communication and encourages the parties to find mutually-beneficial solutions.

Mediation can help preserve relationships, especially in cases involving children. By coming to an agreement through mediation, the parties may be able to maintain a more positive relationship, which can be beneficial for the children involved.

Mediation can be a quicker way to resolve disputes. The process can be completed in a shorter amount of time than going to court, which can be beneficial for all parties involved.

The Road Ahead

In the event of a divorce or separation from your partner, it is probable that you will be faced with one of the most difficult times of your life. You’re dealing with the disappointment of your relationship has come to an end, which is understandable. Property to split, new living arrangements to contemplate, pets to consider, and the well-being of your children to consider are all things to think about during separation and divorce.

There is so much going on and it’s vital that you do not do anything to compromise your legal position. Book a free, initial consultation with one of our team at Mediations Australia.

Property Settlement

Determining the right division of property and your finances following a separation or divorce may prove to be one of the most challenging components of the process.

The steps that must be followed to settle property and financial difficulties will be discussed in detail during your no-obligation consultation.

Property Settlements and De Facto Relationships

According to Australian family law, the rights of de facto partners in a partnership are handled differently from the rights of married partners in the same relationship. The property rights of you and your de facto partner are decided by a range of factors, including the length of your relationship, whether or not you have children together, and other considerations.

Spousal Maintenance

Often, people separating or divorcing sometimes disagree on the amount of spousal support they should pay each other. This is especially true when there is a large gap between the parties’ present earnings and their future earning capacity. Getting guidance from one of Sydney’s leading family lawyers can help you if spousal maintenance is a source of disagreement in your separation or divorce proceedings.

Consent Orders and Financial Agreements are two different sorts of legal agreements that can be used in court.

Separated spouses may be able to come to an agreement on how their children should spend their time if they communicate well. Then it is advantageous to seek that a court issue orders so that the agreement may be enforced in a formal legal capacity. In addition, there are financial agreements that are legally binding. We’ll provide recommendations for the financial arrangement that will work best for you based on your unique circumstances.

Grandparents Rights

When it comes to family law, the rights of grandparents are becoming an increasingly popular topic of discussion, particularly when grandparents are barred from visiting their grandchildren. Please let us know how we may assist you in solving your grandparenting problems.

Our Fees and Charges

For the provision of family law services, our lawyer’s fees are determined on the amount of time they spend working on your issue (often an hourly rate). Mediation and arbitration on the other hand is offered on a fixed fee basis.

For our family law services, before we begin any work for you, we’ll notify you of our hourly rates and give you with an estimate of the costs connected with the work that will be performed. Our estimate will take into account GST and any other potential out-of-pocket expenses, ensuring that there are no unpleasant surprises down the road. Our invoices to you will be detailed and itemised, allowing you to see exactly what work we have accomplished on your behalf and how much it has cost.

According on the level of skill of the practitioner, the average hourly charge for a family lawyer will often range between $300 and $500 plus GST, on average. Many of our clients are worried about the expense of their legal counsel. The majority of the time, they are a source of concern. Once we have gotten a thorough grasp of your circumstances and legal needs, we will give you with a written cost estimate, and we will keep you informed of the progress of your case throughout its duration.

What things should I take into consideration while choosing a family lawyer?

You should take as much time as you need to choose the most qualified family lawyer for your particular circumstance. It is vital to have the right lawyer on your side if you want to get the best possible outcome for you and your loved ones.

What documents do I need to bring with me to my initial consultation with a family lawyer?

It is necessary for you to bring any documents that are relevant to your separation or divorce. Please also bring any correspondence or court papers that you have received from another solicitor to your scheduled appointment. However, if you do not have any documents or haven’t the time to prepare them, we understand. Do not let this stop you from speaking to one of our team at Mediations Australia.

How long do you anticipate it will take to handle the family situation I’m dealing with?

There is a multitude of factors that influence the length of time it takes to resolve a family law issue, including:

• It depends on how much you and your previous partner can agree on.
• It also depends on how quickly you and your former spouse are able to reach an agreement.
• The extent of documents relating to finances etc
• You and your prior partner’s ability to convey your instructions as swiftly as possible

Are all family law matters the same?

The needs and circumstances of each individual vary, and while some people contact us during one of the most difficult times of their lives, such as during a separation or divorce, for others it may be an administrative step, such as a pre-nup (Binding Financial Agreement.

What is the most efficient method of distributing our assets?

The assets that are considered in a divorce or property settlement include real estate (your home and any investment properties), businesses or business interests, superannuation, investments, stocks, bonds, motor vehicles, jewels, and artwork. A financial resource might include everything that has the potential to yield future financial advantages or the ability to generate future income, such as long service leave, a future pension entitlement, or an anticipated inheritance.

As you can see, coming up with a fair way to split all of these various assets may be a challenging process, and in some cases, your spouse may even be attempting to conceal the existence of assets from you completely. The forensic accountants and appraisers on our team have significant experience calculating the total worth of assets and determining the most fair means of distributing assets to their respective beneficiaries.

There are a number of factors taken into consideration throughout the legal process of determining the split of assets, including:

• before, during, and after the relationship the financial contributions made by both parties
• both parties’ domestic contributions made during and after the relationship
• the financial contributions made by both parties
• the future requirements of both partners,
• the requirements of any children, and how this will affect the requirements of each parent
• both parties’ expectations for the future, according to what is fair in the circumstances

Parenting Plans

A parenting plan is an agreement reached by both parents, usually with the assistance of a third party, that governs the care of their children (which could be a lawyer, mediator or family counsellor). Even while a parenting plan will not be enforced by a court, it will be used as a reference in the event that a problem develops later on, making it vital to get it right on the first try is critical.

The term “consent order” refers to any legal document that is filed with a court that stipulates the duties of each person involved. Despite the fact that consent orders can be granted without the necessity for the parties to appear in person in court, they are nonetheless legally enforceable.

What is the most efficient method of establishing child support and/or spousal maintenance?

A spouse’s maintenance payments, as well as child support payments for a child, are two different payments for which eligibility must be evaluated individually. Spousal maintenance is for the benefit of a spouse, whereas child support is for the benefit of a child’s parent or guardian.

It is common for the Department of Human Services to use intricate formulas to determine child support, which takes into consideration the length of time children spend with each parent as well as the amount of money earned by each parent. In contrast, parents who choose to opt-out of the government system and construct their own child support agreement have the option of establishing such an arrangement. If you are considering entering into a contract, you should get legal advice before doing so. In some cases, you may be legally obligated to seek independent legal advice before entering into a contract.

Depending on the circumstances, child support may continue beyond the age of 18 in some cases, such as when the child is still in school or attending university, or if the child has medical issues or if the prevalence of a mental illness or other types of disability. The term “child maintenance” has replaced “child support” in certain jurisdictions, although in New South Wales, the term “child maintenance” continues to be used.

It is less certain what will happen when it comes to spousal maintenance, and there are various factors that can determine whether it is awarded, how much it is awarded, and how long it is awarded. De-facto and married couples are both eligible for this, as are those in other types of relationships. Separated partners who have separated from a de-facto partnership must submit their applications within two years of their separation, and divorcees must submit their applications within 12 months of the date on which they were granted their divorce. When determining spousal maintenance, your age, income, ability to work, and whether or not your ability to work has been harmed by your relationship are all factors that are taken into consideration.

Prior to getting married, should I consider entering into a legally binding financial agreement?

In addition to being able to engage in binding financial agreements (BFAs) before being married, they may also be entered into at any point during or after a relationship. Prenuptial agreements are agreements that are entered into before getting married. When a relationship comes to an end, they serve as a way of organising what both parties feel should take place in the case of a collapse of the partnership. The use of a BFA is usually recommended if one or both parties have significant assets because it can be used to determine what will happen to those assets in the event of a divorce or other dissolution of the marriage.

BFAs are, without a doubt, highly effective instruments. During difficult circumstances, they have the opportunity to save a significant amount of money in legal bills as well as the emotional strain of bargaining.

How to Prepare for Your First Family Law Consultation

When meeting with you’re a family lawyer from Mediations Australia for the first time, be prepared to answer the eight questions given below in order to get the most out of your appointment.

But please don’t stop getting legal advice if you cannot answer all or any of these questions.

While every person’s circumstance is different, we have discovered that there are certain constants in the information we require before delivering clear Family Law recommendations. Even if your separation or divorce is amicable, we must have a thorough understanding of the facts in order to properly represent you in your family law dispute.

Clients who are unable to offer specific info because they do not know the answers to some of these questions are usually required to return for another appointment after they have acquired all of the relevant information.

The following questions are some of the most often asked when it comes to property settlement concerns, so please keep them in mind when you come to see me:

• All of the dates associated with your de-facto relationship are included, including when you initially started living together and/or the dates associated with your marriage, separation, and divorce.
• a list of any children that may be present, including their names and dates of birth
• The assets and liabilities that each of you owned at the start of your partnership (either the day you began living together or, if you didn’t live together, the date of marriage), as well as the dates on which you incurred those assets and liabilities, are listed in the following section:
• Please indicate how much money you got and what happened to it if you received any large inheritances or gifts before, during, or after your partnership.
• A list of things you and your former partner now own, including superannuation and the value of those assets, as well as a list of all debts in your name or in your former partner’s name, as well as the amounts owing on those obligations or debts, should be provided.

The amount of money that each of you makes on a daily basis (usually gross taxable income).

Whether you have received any letters from your former partner’s lawyers

If there is a family trust in place, make an effort to identify it and bring it with you since you will be asked who the appointee and trustee are; if there isn’t trust in place, make an effort to set one up before the meeting.

It is necessary to learn the name(s) of any corporations that are present, as well as the names of the shareholders and directors, if at all possible.

If you have a self-managed super fund, it is critical that you obtain and carry with you the Trust Deed, since you will be questioned who the trustees and members are during the interview.

Besides these, there are a few more things we recommend you do to get the most of your session with your lawyer:

• Request written market evaluations for any homes you are interested in from two or three area real estate agents in advance of the meeting, and bring them with you to the appointment.
• If you have access to several accounts, contact your bank and request an up-to-date balance for each account. Alternatively, you may print current statements from your online banking account (if you have one).

Get in touch with your superannuation fund and get a copy of your most current account statement from them.

The Australian Taxation Office or your accountant should be contacted if you do not have copies of your tax returns.

If you have clear answers to these questions and have accumulated as many documents as possible before your consultation with one of our lawyers at Mediations Australia, it will ensure that your appointment will be really productive.