Hope Earle Lawyers, Melbourne

About

Our experienced family law team can deal with a variety of family law related issues and can expertly guide you through the best and most cost-effective course of action to take in dealing with these matters.

Separation :

We understand that the period following the breakdown of a relationship can be a challenging time. It is important that, prior to separation, you receive good legal advice as to your rights and entitlements on property and parenting matters so you know what to expect. Of importance are:

Intervention Orders if there has been family violence or the other side has made an allegation of family violence;

Spousal maintenance and your obligation to pay or right to receive spousal maintenance.

Child Support and your obligation to pay and receive child support and the things that will be taken into account in relation to Child Support.

Property Matters :

The division of property following the breakdown of a relationship is often complex for people to understand. The law takes into account a number of different things in relation to how property is divided and these include:

What each party had at the commencement of the relationship;

Any inheritances received;

The age and state of health of parties;

Whether one party is a bankrupt or likely to go bankrupt;

What financial resources including superannuation is available (including superannuation in an SMSF) and how this split will affect the parties.

Small Pools :

If your asset pool is under $500,000 the strategies used to provide a cost-effective outcome (including if the matter needs to go to Court) are different. Good advice early, is the key to conserving costs and ensuring that there is more left to divide.

Parenting Matters :

The hardest part following the breakdown of a relationship is the time that the children will spend with each parent. Many parents find this a difficult area to navigate. Our experienced family lawyers can provide you with advice on what is suitable and in the best interests of your children based on their age, their needs and a variety of other lifestyle factors.

Our family lawyers are also able to deal with complex issues in relation to:

Recovery orders;

Airport watchlist orders;

International Child Abduction matters involving the Hague Convention;

Overseas ‘custody’ matters; and

Location Orders.


Resolution of Matters :

Family law matters can be resolved in a variety of different ways. They are:

Consent Orders – where agreement can be reached, and the matter is relatively straightforward;

Binding Financial Agreements – where agreement can be reached, and the arrangements are more complex;

Mediation – we recommend lawyer assisted mediation to enable parties to resolve matters with a great deal of flexibility;

Litigation – where matters are determined by a Judge, in Court; and

Arbitration – where a privately appointed arbitrator decides the issues for the parties.

Appeals :

For various reasons one party to a matter may not agree as to how a Judge heard and determined their matter. In this case, the party who is dissatisfied with the order may appeal the orders made by the original Judge. Whether you are dissatisfied with Orders made and wish to appeal them, or whether you are the Respondent in an appeal it is important that your documentation is properly prepared.

Children’s Court :

In some cases, the Department of Health and Human Services (DHHS) are involved in a matter and may bring an action in the Children’s Court. The Children’s Court has its own unique rules and procedures and hearings in the Children’s Court can be complex.

Intervention Orders :

In matters involving family violence, proceedings may be commenced in the Magistrates Court of Victoria by one party or on some occasions, Victoria Police. Whether you are the Applicant, Affected Family Member or the Respondent, it is important that you seek legal advice about the process, the consequences of an Intervention Order being in place and how they affect parenting matters.

Estate/Wealth Planning :

An often overlooked area of family law is the estate planning aspect of it. Together with our Wills and Estates lawyers, our family lawyers can recommend a variety of estate planning methods namely:

Financial Agreements (colloquially called Prenuptial Agreements/prenups) or agreements between parties on the commencement of cohabitation;

Comprehensive Wills and trusts;

Self Managed Superannuation Funds (SMSF’s).

Our team is also resourced to deal with urgent matters (including taking instructions after hours).

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