Family Law

If you have separated or are in the process of separating, our family lawyers can provide you with advice about your rights and entitlements in family law. We understand that family separation is an emotional and stressful time for everyone involved. You will need to understand the way family law works and what this means for your circumstances. We will give you practical and realistic advice in a way that gives you confidence in knowing what to expect and how to work towards the best outcome.

Divorce:

If you have been separated for more than 12 months you can file a Divorce Application in the Federal Circuit Court of Australia. We can help you with the preparation of the Divorce Application, serving it on your spouse and appearing at the hearing if required.

Children and Parenting:

We can help you reach an agreement with your partner about parenting issues and refer you to counselling services to assist with this process.

Not every situation is the same, and there is no single solution that works for all. Often a child lives primarily with one parent and spends regular time with the other. The court will often look at making orders that give equal parenting responsibilities to both parents. Sometimes both parents come to an agreement between themselves on parenting arrangements, and if this is the case, then we can help formalise this agreement into a parenting plan or Consent Orders without the need for you to go to Court.
Grandparents or other adults who are a significant part of a child’s life may want to make sure that they can continue to spend time with a child in the event of a family separation. We can advise family members in a range of situations.

Property and Financial Settlements:

Property and financial matters can be long and stressful. If you have separated or in the process of separation, then we can help you with a range of matters including but not limited to:

• The family home – whether the home can be retained by one party or will need to be sold;
• Investment property and shares – whether these can be retained by one party, or whether they need to be sold. We can also advise on any associated taxation consequences that you may need to consider;
• Business structures – if during the separation process any business is involved you will need advice on ways of ensuring the ongoing viability of the business asset;
• Trust, company or partnerships – we can provide advice on any structure you wish to retain to ensure that your partner is removed from the entity so that they have no further involvement; and
• Superannuation – superannuation forms part of your joint assets and may be split between you and your partner.

When a court deals with the assets, liabilities and financial resources of your relationship, it must consider many factors including:

• The value of those assets, liabilities and financial resources (including superannuation);
• Financial Contributions before, during and after the relationship;
• Non-financial and homemaker contributions; and
• Future needs of both parties including ongoing care of children, earning capacity and health factors

We can offer you advice on these issues and help you reach a negotiated settlement without the need to go to Court minimising any unnecessary legal and court fees. Once the agreement is finalised, we can assist in preparing the required documents to finalise the property settlement. We will assist you in implementing the terms of the agreement in terms of property transfers, changes to business structures and superannuation splitting.

Emirali & Co Solicitors
T: 02 9063 8477
Email: enquiries@emirali.com.au
P.O. Box 3295
Wetherill Park, NSW 2164
ABN: 47 642 610 615

Individual Liability Limited by a Scheme Approved under Professional Standards Legislation