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Before separating from your spouse or partner you will need to know your responsibilities and rights in relation to a range of issues.
Some questions you should be asking include:
1. Am I entitled to a property settlement and if so how much is my entitlement?
2. Should I be paying spousal maintenance or am I entitled to receive it?
3. Am I entitled to child support or should I be paying child support?
4. If I am married, when can I apply for a divorce and how?
5. What are my rights concerning the children?
6. If my partner has been violent towards me, can I apply for a Domestic Violence Order?
There are a range of options which can be explored to settle your case. These include:
- Private negotiations
- Mediation
- Court Proceedings
It is our philosophy to settle cases expeditiously with the least amount of cost to the client. We understand that when people separate from a relationship the cost is not only financial but emotional. We endeavour to provide helpful and constructive assistance in settling matters as favourably as possible to our clients.
Nevertheless, we are not prepared to compromise our client's position. If a case requires court proceedings for a party to secure justice and a just and fair settlement, we will vigorously represent our clients.
We recognise that when people separate they often don't have money
to pay for legal fees and when such a case arises we are prepared on
some occasions to accept instructions and be paid at the conclusion
of the case. These are matters that we discuss with clients at the first
consultation.
What happens when I separate?
The Family Law Act is an Act of the Commonwealth Parliament and has been in existence since 1976. It has had numerous amendments to it. This Act, together with its Rules and Regulations and with the Child Support (Assessment) Act and the Child Support (Registration and Collection) Act, govern the law in these circumstances.
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