• Adelaide - Family Court
    Adelaide Family Lawyers
    Expert Family Lawyers in Adelaide
    We care about our clients!
    Children's issues, child support and
    divorce experts.
    Adelaide Divorce Lawyers
    When this happens to you We are here to help
    Legal Aid Lawyers in Adelaide
    Divorce Lawyers in Adelaide
    It's all about the children The children must come first in this situation
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    Adelaide Family Lawyers
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We are Family Lawyers Adelaide
A new, enthusiastic Adelaide Family Lawyer practice in Adelaide. We welcome Legal Aid clients and we will help you apply for Legal Aid if you're not sure you qualify.
We offer a $50 30 minute first interview!

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About Us

We are a new adelaide family law firm and we are very serious about getting the best results for our clients and their children.


Communicate

We are very good listeners! We will make sure we understand your issues and we will keep in regular contact as your matter progresses.


Children's Issues

We will help to ensure you get the best result for you and your children. The Family Court puts children first and so do we.


Principles

"We will do what we say we will do, when we say we will do it!". We will return all calls the same day we receive them. We really mean it!


At Adelaide Family Lawyers we believe that justice should be accessible to all and therefore we welcome both legal aid and fee-paying clients. We are a client focused firm that specialise in all aspects of family law including:

  •   • Divorce;
  •   • Parenting arrangements;
  •   • Property settlements;
  •   • Binding financial agreements;
  •   • Child support agreements; and
  •   • Various other areas of law that can be impacted by your family law matter such as wills & estates and tenancy law.

We have built our reputation on exceptional customer service and endeavour to keep our clients informed at every stage of the legal process.

SEPARATION AND DIVORCE

Separation

Defining the date of separation is the first step and whilst this might seem straight forward it is not always so. When couples separate and remain living under the same roof there can be confusion as to the actual date of separation. In this case you would need to provide the court with affidavit evidence detailing how you conducted your day to day life separate from your former partner during this period. If you have been married for less than 2 years before applying for a divorce you will be required to attend counselling and obtain a certificate from the counsellor.

Divorce

Typically parenting and property matters are finalized before or during a divorce proceeding however in practical terms it is usually advisable to finalise all parenting and financial matters before applying for a divorce. As there is a no fault system for divorce in Australia, the only thing necessary to prove is the irretrievable breakdown of the marriage which you do by demonstrating that you have been legally separated for at least 12 months. Once the 12 month period has lapsed you can then make an Application for Divorce either individually or jointly with your former partner. If you make a joint application with your former spouse and there are no children of the relationship under the age of 18 you do not have to attend court to obtain your divorce.

At Adelaide Family Lawyers we can provide you with information and advice in relation to your situation and assist you to streamline the divorce process making it as pain free as possible.

PROPERTY SETTLEMENT

Many clients think that they are restricted from applying for property settlement orders until they obtain a divorce. This is incorrect: you can apply for property settlement at any time after separation. The difference with obtaining a divorce first is that once you are divorced you are on a time limit to complete property settlement within 12 months. When it comes to the dissolution of a de facto the time limitation is 24 months from the date of separation.

The process that the court takes in property settlement matters involves 4 steps.

Firstly, the court identifies the net asset pool. This involves identifying the value of all of the assets and financial resources held by the parties including:

  •   • Real estate;
  •   • Motor vehicles;
  •   • Bank accounts;
  •   • Furniture;
  •   • Superannuation; and
  •   • Pension entitlements and anything else with a monetary value.

Secondly, the court identifies the net liabilities of the relationship including mortgages; personal loans, and other debts. The total of these liabilities is then deducted from the total value of the net assets with the remainder being the net asset pool available for distribution between the parties. The third and fourth steps involve the court taking into consideration the individual contributions made by each party to the relationship as well as the parties’ current and future needs. Effectively any order for property settlement needs to be just and equitable in the eyes of the court. This means that it must be fair to both parties taking into consideration all the factors noted above.

At Adelaide Family Lawyers we will advise you in clear terms about the court process and what you can expect to receive as a percentage of the net asset pool.

PARENTING ARRANGEMENTS

The primary consideration of the court in all children’s matters is “the best interests of the child”. The court will consider amongst other things the right of a child to have a meaningful relationship with both parents as well as the need to protect the child from any abuse, neglect or family violence. Prior to applying to the court for parenting orders all parents must attend compulsory mediation unless issues such as domestic violence make it impractical for the parties to reach agreement.

Orders by the court will vary but may include provisions such as; whether both parents will have equal shared parental responsibility (joint responsibility for making decisions about the day to day and long term care, welfare and development of the child); who the child lives with; who the child spends time with and when this will occur; and other orders that might be necessary taking into consideration the individual needs of the child.

At Adelaide Family Lawyers our dedicated family law specialists are here to provide you with quality legal assistance and guide you through every step of the process.

CHILD SUPPORT

Whilst child support arrangements are typically dealt with by the Child Support Agency they are increasingly being included by parties in their property settlement matters.

Child support agreements come in 2 forms: limited and binding. A limited agreement will last for a maximum of 3 years after which time the terms will need to be renegotiated. A binding agreement however will last until the child turns 18 unless an agreement to renegotiate the terms can be reached. In the absence of agreement the only way to alter a binding agreement is to take the matter back to court.

At Adelaide Family Lawyers we can guide you through the complex Child Support Legislation and Procedures in addition to explaining the impact that any agreement might have on your Family Tax Benefit or other government support payments.



Happy Children

More about us

  • Honest, Straightforward Communications

    We will keep in regular contact and make sure you understand what is happening.

  • We Actually Care!

    Lots of firms say they care, we actually do care! We've been where you are and know how it feels.

  • Reality Check

    We will make sure you are aware of what is most likely to happen in your case. We won't string you along.

  • We Welcome Legal Aid Clients

    Unlike a lot of other firms we don't discriminate if you receive Legal Aid funding.

  • Experience

    Our lawyers are experienced in all aspects of Family Law and many areas relating to Family Law.

We specialise in Adelaide - Family Law
That's all we do and we're very good at it! Call us on 8227 0519 for your $50 30 minute first interview.

Crying Child

Children must always come first

It will be tempting to use the children of a relationship against the other party and this feeling is completely natural. However, we must resist this for many reasons one of which is that it is a form of child abuse! We must always put the needs of the children first at all times. We will talk to you about being reasonable in your dealings with the other party and trying to come to an arrangement that suits all.

Divorces are very common

Whilst divorce is very common (approximately half of all marriages end before 10 years) it doesn't need to be stressful. In order to have a divorce there are a few conditions which must be met and these are discussed on our divorce page. One point to be made is that there is no need to hire a solicitor to handle the divorce itself. We are, however, more than happy to take your instructions, complete the paperwork and lodge the forms on your behalf if you are not inclined or don't have the time. There is a modest fee for this service.

Broken House

We can facilitate the process

If you agree with the other party about how to split up your assets from the relationship we can assist you to file a consent order with the court. Sometimes it is not that easy though and we will guide you through the court process to reach agreement. We will provide you with all the information required to make an informed decision about how you should proceed. You should also consider making a new will when a relationship ends.

Wills and probate

Do it yourself will kits may be suitable for very basic wills but there are some very strict requirements under our state legislation for making a valid will. You should always do this through a solicitor. We are experienced in drafting wills for various circumstances including blended families. It is not just a matter of making a will but looking ahead to probate issues that may arise if your will has been poorly drafted. We can also assist you with family inheritance claims.


*First interview is $50 for our time(30mins) however there may be court or other costs out of our control