One of the most gut wrenching and heart-breaking aspects of family law is having to be told by a judge with which parent your children will live and how much time your children will spend with the other parent.
At Garrison Lawyers, our experience tells us that minimising the negative impact of divorce/separation on your children is the most important thing, therefore we highly recommended that you reach a negotiated or mediated agreement with your former partner without proceeding to court.
If court proceedings are necessary we guarantee you that we will fight for what is best for your children and advocate emphatically in court for you.
We specialise in high conflict parenting matters including parental alienation, family violence and controlling/coercive behaviour.
Once either you and your partner have decided that your relationship is over, there must be a division of assets, property and possessions. This includes things like your house, business, cars, superannuation, shares, trusts and other property.
Property disputes are based on your contributions to the relationship and the family, including caring for family and your needs in the future. We will advise you on the most practical and cost-efficient method to resolve your property dispute with your former partner.
If that isn’t possible, we will present the best case to the court enabling you to maximise a property settlement in your favour.
Mediation is a non-legal process whereby parties can speak openly and frankly in a confidential environment to resolve their dispute in a manner that suits both of them. Mediation is useful for both parenting and/or property matters.
Our solicitors are experts in mediation and are Family Dispute Resolution Practitioners. Some benefits to mediation are:
Our vast experience as mediators enables us to present your matter in the best possible light and negotiate the best possible outcome for you including meticulous pre-mediation preparation, strong advocacy and negotiation skills during the mediation itself. Please be aware that mediation is compulsory before a parenting matter can proceed to court.
Divorce is the formal legal ending of a marriage. It is separate and distinct from property settlement and parenting arrangements after the breakdown of a marriage.
You do not have to get a divorce when you separate , but staying married will affect your legal obligations.
To be able to get divorced you need to show that your marriage has ‘irretrievably broken down’. This is demonstrated by being separated for 12 months or more, and there being no likelihood of the relationship resuming. The separation can be initiated by one person, or both.
Australian law does not look at whose fault it is that the marriage broke down when considering a divorce application.