The beginning and end to a family relationship brings emotional and financial challenges. We are compassionate and creative in our approach. We listen and provide a clear strategy to achieve the best outcome for you and your family.
We can minimise the legal and financial problems associated with separation through a cohabitation agreement.
We will work closely with you to protect your interests through the courts, or where possible through alternative dispute resolution.
Prenuptial and postnuptial agreements. Designed to regulate what should happen to assets and property if a marriage breaks down and ends in divorce.
Divorce & Finances
Dividing finances can seem overwhelming, but our experienced team are here to take you step-by-step through the options available. We advise maintenance and the division of assets.
We will work with you in ways that best suit your needs. That may involve us guiding and advising in the background or representing you and fighting your corner in the courts. Regardless of how you want to use our services, we’ll support you and put you and your family’s interests first. We will always take a constructive and conciliatory approach to resolving any disputes and you will be able to count on us to stand up for you when you need us to. At Mulbridge Lawyers our family law solicitors can provide assistance for a range of matters relating to family law and de facto relationships, including: Marriage, Divorce and Children issues.
Marriage, De Facto and Divorce Law
- Prenuptial agreements (prenups)
- Divorce in Australia including preparing and serving divorce papers
- Legal separation issues
- Annulment of marriages
- Spousal maintenance
- Property settlements
- Binding Financial Agreements
- Domestic and family violence and apprehended violence orders (AVOs)
- Legal representation at Family Court
- Legal aid for family law matters
- Family Mediation
- Child support and enforcement of payments
- Parenting plans for child custody and visitation
- Parental rights, father’s rights and grandparent’s rights
- Guardianship of children
- Children’s Court
Frequently asked Questions
As soon as you have separated you can make arrangements to split your property and debts between you and your ex partner, you do not have to wait until you are divorced.
No, not at all. If you have already agreed on how things should be divided between you, your lawyer can draw up the document which will finalize the arrangements, and then get underway the legal processes which will split the assets.
There is an established process in cases where there is disagreement over how property should be split. Firstly the court needs to be satisfied that you have attempted to reach agreement, and to this end you will be ordered to participate in dispute resolution. If this doesn’t resolve the matter then an application for property orders must be filed with the Family Court or Federal Magistrates Court. This application must be made within 12 months of your divorce becoming final. The matter will be set down for hearing and a legally binding decision will be made by the court.
Firstly the court will calculate the total assets owned by both parties, including property, shares, cars, jewellery, savings, furniture etc. This includes things you brought into the relationship, those acquired during the relationship and also those purchased after separation. Next the court will weigh up the contributions from both parties, including financial, non-financial, inheritances and assets brought into the relationship. Then the court will look at the future needs of both parties, including factors such as your capacity to earn money and your parental responsibilities. Lastly the court will make a decision based on what is just and equitable to both parties.
Dealing with the complexities of property settlement is stressful but the consequences of not doing it properly can impact on the rest of your life. We are experienced negotiators, and will make sure that you get the best possible outcome. Whether you are at the beginning of a new relationship, or if you are unfortunately breaking up with your partner, our team of experienced and caring family law lawyers can provide you with the assistance you need to help you cope with the issues you are facing.
Whatever your situation, our team is able to advise you from the first stages of getting together, through to children issues, domestic abuse, financial issues and the breakdown of a relationship.