Oner Family Law specialises in all areas of family law, including:
The date of separation can in some cases have an enormous impact on property settlement proceedings. As a result, it is not unusual for parties to disagree as to when separation actually took place.
While in most cases, obtaining a divorce certificate is not actually a difficult thing to do, emotionally for the parties involved, it can be very stressful and upsetting.
Resolving children’s living arrangements is the most challenging area in family law for both parents and their lawyers. It is crucial that parents receive and act on specialist family law advice, to optimise their chance of success when it comes to their children.
Relocation of Children
There is a misconception by many primary carers of children, that just because their children are living with them, they are able to move them interstate without their former partner’s consent. In some cases, relocation of children in such a way can put the role of the primary carer in jeopardy. If handled appropriately by your lawyer, a wish to relocate your children can become a reality, depending on your particular circumstances. In some cases, relocation can be very difficult to achieve.
Contravention of Children’s Orders
Breaching a Court Order with regards to children can have disastrous, long-term effects. It is not unusual for a parent who has the primary care of a child to lose such care after a serious breach of, or repeated breaches of an Order are made.
Matrimonial Property Disputes
Matrimonial property disputes are governed by the Family Law Act. A four step approach is adopted when determining the division of matrimonial property. Receiving specialist advice as to the four step approach, and understanding how property is divided, assists in parties being able to reach agreement in property matters, without recourse to expensive litigation.
Matrimonial property settlements can also become complicated when issues such as inheritances, wastage, windfalls, complex business structures, compensation payouts and the like need to be considered.
Defacto Property Disputes
If you are in a defacto relationship (including same sex), and separated on or after 1 March 2009, the same rules that apply to matrimonial property disputes, also apply to you. If your defacto relationship broke down before 1 March 2009, then your matter will be determined pursuant to the provisions of the Queensland Property Law Act.
International Child Abduction
This is a very complex area of the law. Unfortunately, there are many case examples of a parent illegally removing their child from Australia to another country. There are many countries (inclusive of Australia), who are signatories to “The Hague Convention”.
If a child has been removed from Australia to another Hague Convention country, the recovery of that child back to Australia becomes, in some cases, much less difficult. However, where a child has been taken to a non-Hague Convention country, the recovery of that child back to Australia, can in some cases be virtually impossible. In both scenarios, obtaining specialist legal advice immediately upon the child being removed from Australia is crucial.
Third Party Disputes
It is not unusual to see third parties such as grandparents or other relatives “intervening” in family court proceedings, whether relating to child or property disputes. Such intervention is often necessary so as to protect third party rights.
Superannuation Splitting Orders
Superannuation has been treated as property available for division between married couples for some time. The same now applies to defacto couples who separated on or after 1 March 2009. The division of superannuation is a very complex area of family law and receiving specialist advice is a must.
Spousal maintenance is a payment that a married or defacto spouse may be entitled to. There is no automatic right to receive such maintenance. If you are entitled to spousal maintenance and cannot reach an amicable agreement with your former partner to have it paid to you, you are able to make an application to the Court seeking payment.
Child support is a payment that must be made by a liable parent in accordance with the Child Support Act. The Child Support Agency is responsible for making all child support assessments and collecting payments. In some instances, a Court application may need to be made to vary a child support assessment. Private Child Support Agreements between parents can also be entered into in certain cases.
Financial Agreements for both Matrimonial and De facto matters
Financial agreements are agreements that can be entered into before, during or after a relationship breakdown. Whether it is beneficial for you to enter into such an agreement will depend on your particular circumstances.
A prenuptial agreement is a financial agreement entered into before marriage. A similar agreement can be entered into by defacto couples before the commencement of their cohabitation. The requirements for a valid prenuptial agreement are many, and the drafting of the agreement itself is complex. Although such agreements are binding if drafted in accordance with the law, in some limited cases, they may be set aside in the event of a separation.
Domestic Violence Orders
Irrespective of whether you are the male or female in your relationship, you do not have to put up with any type of abusive behaviour from your former partner. The definition of domestic violence does not just cover physical violence. It can include harassment, intimidation and damage to property. In some instances, whether a Protection Order is in place, can affect the living arrangements of your children.
The Surrogacy Act 2010 came into effect in Queensland on 1 June 2010. As a result, it is now legal for certain couples to enter into a Surrogacy Agreement. The law surrounding surrogacy is very complex . For couples considering surrogacy, it is a requirement that independent legal advice be obtained and counselling be undertaken.
Arbitration and Mediation
Arbitration and mediation can be effective ways of resolving your relationship breakdown issues, without recourse to expensive court litigation. If agreement is reached through either of these avenues, you must ensure that such agreement is properly documented so as to be legally binding.
Unfortunately, in some cases, Court litigation is required to finalise matters between parties once and for all. However, the Court process is not as “scary” as most people think. If you are confident in your solicitor’s abilities, then you will find that you yourself will also feel confident while going through the Court process.