At MPC Lawyers we provide quality advice and representation in all aspects of family law including separation and divorce, property settlements, parenting arrangements and child support.

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Our experience ensures we can resolve most family law matters by agreement.  When agreement is not possible we will provide representation at court. We handle small matters through to large and complex disputes in the family and Federal Court system.  We have a firm commitment to avoid court where it is in our clients best interest to do so. We can assist you with all facets of family law, including:

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• Binding Financial Agreements;

• Divorce Applications;

• Property and Financial Settlements;

• Children & custody;

• Defacto and Same sex couples;

• Family violence and Intervention Orders;

• Family Trusts;

• Wills and Estate Planning;

• Sale of property.

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Separation

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Separation is the point at which a relationship between spouses or defacto ends. Sometimes couples disagree about the date of separation. Usually this will not be a issue but sometimes it can be relevant to how property is divided. Seeing a lawyer before you separate can give you more options. 

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Divorce

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To apply for a divorce you must have been separated from your spouse for a period of twelve months, you do not need to wait until then to work out arrangements for children and a property settlement. 

 

During this time you can still be living together however you will be required to provide additional evidence to the court to prove separation. Applications for divorce are made to the Federal Magistrates Court. Once the application is filed anyone other than you must personally hand your spouse the court documents 28 days before the divorce hearing. If they refuse to accept the documentation, they can be placed on the ground in their presence. When the divorce application is approved the court will order the termination of your marriage to be effective after a further one month and one day.

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Filing for divorce is only one part of the process when ending your marriage.  The other things to consider include: 

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• Property settlement and asset division;

• Updating your will;

• Children's arrangements.

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De Facto Relationships

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You are in a de facto relationship if you and your partner have a relationship as a couple and are living together on a genuine domestic basis. Generally, a de Defacto relationship starts when a couple in a relationship start living together in the same home. However this is not always the case. In some circumstances a couple can be considered to be in a de facto relationship even if they have two residences. 

 

The Family Law Act recognizes that de facto partners can be same sex (gay or lesbian) or heterosexual.

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Children's arrangements

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If you and your spouse have children under the age of 18 a short hearing will be held whereby court officer will check there is proper arrangements in place to care for the children. The following items need to be considered:

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• Christmas, birthdays, school holidays;

• Schooling;

• Change overs;

• parenting styles;

• decision making;

• nights/days per month.

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These matters are usually resolved out of court, occasionally we assist parents who have trouble negotiating these terms due to:

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• Mental Illness;

• Relocations;

• Vengeful and abusive parents;

• Unrealistic spouses;

• Drug and alcohol abuse.

 

The family Law Act places great emphasis on ensuring the children continue to have regular and meaningful contact with each of their parents. Where parents cant agree between themselves mediation is the next step, if this fails you will be issued with a certificate to progress the matter to court in which case you are granting the judge final jurisdiction in parenting orders.  

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Property and Financial Settlement 

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Property settlement and asset division are required for separated couples to end their financial relationship. In most cases the parties must first attempt to reach an agreement before proceeding to court.  The need for experienced advice is particularly important when:

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• There is a business to be valued

• Third party disputes

• Parents of one spouse have contributed more

• The other side is spiteful, dishonest or stubborn

• Inheritances form a large part of the assets

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Taking your dispute to court means allowing a judge to divide all of your respective assets liabilities and finances in a fair manner in accordance within law. The court will insist you try mediation before a final hearing is held.

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Grandparents

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After separation most grandparents see their children with the agreement of the children's parents. If that is not possible grandparents can apply to the Family Court for an order for their grandchildren to spend time with them. The Family Court recognizes that grandparents and other family members are significant to the care, welfare and development of children.

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If you are having difficulty seeing your grandchildren contact our family lawyers for advice. In most cases we may be able to help you negotiate arrangements which work for everyone.

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