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Family Law Dispute Mediation

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Resolve Your Dispute with
Sydney Family Lawyers

Mediations Australia is a family law focussed practice helping people in Sydney resolve their family law dispute.

If you’re considering separation or have separated, and have concerns with regard to property settlement, parenting matters, child support matters, our team of Sydney Family Lawyers can help you today.

Why Choose our
Sydney Family Lawyers
to Help You

When you’ve decided it’s time to go your own way, at Mediations Australia our Sydney Family Lawyers are there to help you navigate your way through the next important steps. We’re a team of both family lawyers, mediators, and arbitrators who can assist you resolve your family law dispute in the most cost-effective and time-efficient way possible.

Unlike every other family law firm, we have not only a team of Sydney family lawyers, but mediators and arbitrators to ensure that you’re afforded the best solution going forward.

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.

Separation & Divorce

In legal terminology, divorce is referred to as dissolution of marriage, which is basically a breakup of the marriage or de facto relationship. As a no-fault system, the divorce process in Australia does not require either spouse to establish that the relationship terminated as a result of the other person’s acts or inactions.

How Mediations Australia Can Help

At Mediations Australia, we deal with the issues of separation and divorce on a daily basis, we understand how stressful and overwhelming the entire process may seem. At Mediations Australia, we’re early resolution focused. This means we are able to provide you with the necessary legal help you need to have your family law matter resolved as effectively and time efficiently as possible.

At Mediations Australia, we start the journey by offering you a free consultation to assist you in determining the best course of action for your situation. This may be mediation, arbitration or litigation.

What You Need to Know About Divorce

It is necessary to establish that your marriage or de facto relationship has broken down and that there is no prospect of reconciliation before you may file for divorce. It’s also necessary to establish that you have been legally separated for a minimum of twelve months before filing for divorce.

In New South Wales, obtaining a divorce with the assistance of a family lawyer is essential.

It is essential that you retain the services of an experienced family law expert if you are going through a divorce to ensure that the process is finished as quickly and inexpensively as possible and that you receive the best possible outcome.

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.

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