Family and Divorce Lawyers Sydney

Our client sought advice following the breakdown of a 29 year marriage. During the relationship the parties had jointly operated a successful painting business and accumulated a substantial asset pool, including real property, business interests and superannuation. The matter was complicated by ATO tax liabilities connected to the business which required careful allocation between the parties as part of the settlement.

Our client engaged us to advise her of her legal rights and likely entitlement from the property pool. We worked closely with her throughout the process, explaining each step of the negotiations and ensuring she remained informed and supported during what was an emotionally difficult time. Following negotiations with the other party, the matter was resolved amicably through Consent Orders without the need for court proceedings. The tax liabilities were addressed through the clearing of debts, and our client received a favourable division of the asset pool, including a superannuation split in her favour.

This outcome allowed our client to move forward financially, using the funds from the settlement to purchase her own property solely in her name following the separation.

Our client engaged Brander Smith McKnight Lawyers following the breakdown of a 14 year relationship which involved a history of coercive control. The parties shared two children and had accumulated a substantial asset pool during the relationship, including five properties across Sydney, luxury vehicles, cryptocurrency holdings and self managed superannuation funds.

The matter was particularly complex as the parties had previously entered into consent orders from an earlier separation, before reconciling. This required careful consideration to ensure that the earlier court orders were properly addressed while negotiating a new and final property settlement. The asset pool also involved multiple mortgages and complex financial structures, requiring detailed analysis of liabilities and asset ownership.

Through careful negotiations with the other party, we were able to reach an agreement through Consent Orders without the need for court proceedings. As part of the settlement, the mortgages were appropriately allocated between the parties and our client was fully indemnified from liabilities she was not responsible for. Importantly, she was able to retain the properties she wished to keep, securing long term financial stability for herself and her children.

This outcome allowed the matter to be resolved efficiently and avoided the emotional and financial strain of protracted litigation.

Our client engaged BSM Family Lawyers following the breakdown of a relationship involving three children, including one child with Level 2 Autism requiring additional care and support. The matter involved both parenting and property issues, including negotiations regarding the family home, child support arrangements and ongoing care of the children.

The parties also had a complex financial structure which required the preparation of a Binding Financial Agreement, Parenting Plan, Child Support Agreement and a Deed of Settlement and Release in order to properly finalise all aspects of the separation. Our family law team worked closely with our client to negotiate a comprehensive settlement with the other party. As part of the process, we also liaised directly with the bank to obtain finance approval, ensuring our client could refinance the existing mortgage and retain the family home.

The matter was ultimately resolved through negotiation without the need for court proceedings. Our client was able to retain the family home, paying the other party a reasonable amount to finalise her financial interests, while also reaching an agreement regarding the care arrangements for the children.

This outcome provided our client with long term stability for himself and the children, while avoiding the stress and cost associated with court litigation.

Married and de facto couples share the same legal rights but the manner in which a married versus a de facto relationship are ended different. The same rules also apply equally to married or de facto same-sex and heterosexual couples. De facto couples are not necessarily required to make a formal legal application to finalise the ending of their relationship but they are still equally entitled to the same rights available to married couples relating to property, maintenance, parenting orders and child support.

To obtain a divorce, you and your partner need to have been separated for at least 12 months. Legal assistance should be sought before this 12 month period in order to gain an understanding of how the divorce process works, what each parties obligations are and what may be the likely outcome of proceedings.

It is important to note that various legal processes associated with separation can be carried out separately to a divorce. The relevance of each of these processes will be dependant on your circumstances, they may include:

1. The division of property
2. Spousal maintenance
3. Arrangements relating to Parenting and Children (child support, custody, spend time with orders)

To obtain compassionate and comprehensive legal advice, contact the family lawyers at Brander Smith McKnight Lawyer Sydney for a free 20 minute consultation.

Property settlements can be a complicated legal process. A summary of how property division in family law is presented in our informative article Property Disputes in Family Law. One aspect is the concept of special contributions which is examined in Special Contributions in Family Law: Hoffman vs Hoffman  

For detailed and individualised advice regarding property distribution contact the family lawyers at Brander Smith McKnight law firm Sydney for a 20 minute free consultation.

If you and your partner separate and you have children you do not necessarily have to go to court. It is advisable for people to draft a formal parenting agreement and seek appropriate advice from an experienced family lawyer.

When making a parenting agreement, parties can make decision relating to:

1. A child’s living arrangements
2. The extent of time spent by a child with each parent
3. The manner in which a child’s long term or decisions should be made (this may include decisions relating to the child’s health or education
4. Arrangements for birthdays, holidays and other special days in the child’s life
5. The contact a child will have with other parties such as their grandparents

A parenting agreement may be made privately with your partner or through by each party’s legal representation. Parenting agreements may take several forms, they include:

1. An informal verbal or written agreement: these agreements are made outside of court and are not legally enforceable. This is not an advisable long term option.
2. A parenting plan: these agreements a formulated by both parents, typically with the assistance of a third party, they are not legally enforceable. Parenting plans, whilst not enforceable in court, are used as a reference in court proceedings should they occur.
3. A consent order (also known as a parenting order) – these are legally binding documents that are lodged in a court. Consent orders defines the responsibilities of each party. A consent order can be applied for by not only a child’s parents but also their grandparents and any other party that is concerned with the child’s welfare, care and development.

Where making a parenting agreement outside of court is unachievable you may need to go to court and obtain a parenting order determined by the court. All of the court’s decisions regarding parenting arrangements will be determined on the basis of what it in the best interest of the children. Determining what is best for children is a complex task and requires consideration of a several factors including factors such as:

1. the child’s relationship with each of their parents
2. the need to protect a child from physical or psychological harm
   any views expressed by the child
3. A parent’s attitude to a child and the responsibilities of parenthood