Family Law

Child Support Agreements are private agreements reached between parents which detail the financial support to be provided for the children of a relationship. They can be entered into at any time, but traditionally occur after the breakdown of the relationship.

Parents are not obligated to enter into a Child Support Agreement. When parents cannot agree to terms of a Child Support Agreement, they can engage the Child Support Agency to assess the appropriate financial support that is required to be paid.

Child Support Agreements can deal with the levels of financial support for the children for all facets of their lives, but of particular importance:

• School fees;
• Childcare fees;
• Extra-curricular activities;
• Medical expenses; and
• Private health insurance.

Entering into a Child Support Agreement provides security and finality regarding financial support. This includes not just how much is to be paid, but also when it is paid (including weekly, month or yearly), as well as how it is paid (directly to the other parent, directly to private schools, etc).

Parents wishing to enter into a Binding Child Support Agreement are obligated to receive independent legal advice for the agreement to be binding and we can provide this sound advice.

After the breakdown of a relationship involving children, the arrangements for the care of those children are of paramount importance. There are several ways in which the arrangements for children can be determined after separation. These arrangements can be resolved amicably and documented, if necessary, through either a parenting plan or Consent Orders.

A parenting plan is an informal written agreement which sets out what the care arrangements for the children will be. As parenting plans have not been formalised by a court, they are not strictly enforceable.

Consent orders are written agreements which have been approved by the court. As they have been approved by the court, they are enforceable. If parenting arrangements cannot be resolved amicably between the parties, it may be necessary for a party to apply to the court for an order to be made dictating the arrangements for the children.

When determining the arrangements for children, either privately or during litigation, there are many things which must be considered when determining what is in the best interests of the children.

If you are separating and have children, we able to provide you with advice and assistance. We often act for parties involved in complex parenting disputes, and are experienced at resolving matters either privately or through litigation.

Following separation, if couples have assets and liabilities together, they will often come to an agreement for the division of those assets and liabilities. This agreement can be formalised by Consent Orders that are filed and approved by the Court. Our lawyers have significant experience in drafting Consent Orders that are endorsed by the Court and binding on related trustees and superannuation entities.

Where an agreement cannot be reached, couples may need the assistance of the Federal Circuit and Family Court of Australia to start Court proceedings. Before Court proceedings are commenced, couples and legal representatives must comply with the “pre-litigation steps.” Our family law team has expertise in running proceedings and advocating for our clients.

Domestic Violence is behaviour by one person in a relevant relationship (such as family or a romantic relationship) to another person in that relationship, that:

• is physically or sexually abusive;
• is emotionally or psychologically abusive;
• is economically abusive;
• is threatening;
• is coercive; or
• in any other way controls or dominates the other person and causes them to fear for the safety of either themselves or someone else.

Where a person has been the victim of domestic violence, they may seek to obtain a protection order against the person who has committed the domestic violence. If the court is satisfied that the parties were in a relevant relationship, that an act of domestic violence has occurred, and that it is necessary or desirable for an order to be made, the court may make a protection order.

A protection order will require that the party who committed domestic violence be of good behaviour and not commit domestic violence against the other party. In addition to this requirement, the court may also make additional orders. This may include preventing one party from approaching or contacting the other party. It is also possible for the order to name other associated parties or children who have been exposed to domestic violence.

If you have suffered from domestic violence and wish to seek the protection offered by a protection order, our lawyers can provide you with advice and assistance.

Our clients regularly consult us to advise them upon, and to implement strategies to protect their family and business assets
from becoming embroiled in a family law dispute involving their children, siblings or other family members.

Many clients are under the misapprehension that if assets are held in a Trust they are “untouchable” in the context of family law proceedings.

Our lawyers, with extensive experience in family law, estate and succession law and commercial litigation, can review our clients’ business structures, asset holdings and Wills to provide and implement strategies to protect against a spouse/partner
of a child or other family member claiming certain assets as forming part of a matrimonial asset pool to be divided in the spouse parties’ family law property settlement.

Our advice in this context extends to the structuring of family trusts and corporate entities, testamentary trusts, loan agreements and mortgages as part of our clients’ business and estate planning needs.