Ready to help you
with Family Law.
The process of separating can be a long and frustrating one. Our relatable staff will be with you through every step, helping you to see what the best legal option in front of you is and sitting down for honest conversations when needed.
In order to be granted a divorce the Court must be satisfied that your marriage has broken down irretrievably, that there is no likelihood of reconciliation and that you have been separated for 12 months or more.
It is possible to still be living together under the one roof and be separated. However, in these circumstances, you will be required to file an Affidavit with the Application for Divorce to satisfy the Court that you were separated during this time.
Our team can advise you further in relation to divorce and separation, we are here ready for you.
Once you have separated from your partner you will require legal advice in relation to the process of dividing your assets. This is crucial for both married and de facto couples.
We have a number of different approaches to assisting clients to resolve disputes regarding property matters following a separation, and in reaching agreement. These include mediation by direct negotiation (between lawyers by way of correspondence, or direct discussions via a conference), or by way of litigation through the Court process.
Our advice will depend on the particular circumstances of your case and will be tailored by your specific needs and that of your family. We take a commercial and common-sense approach to such matters, to ensure that your desired outcome is achieved.
One of the most pressing matters faced by separating parties, relates to the ongoing care of the children of a relationship.
If you are not able to resolve parenting arrangements directly with your partner, or through dispute resolution, you are able to apply to the Court to seek assistance in determining the appropriate arrangements to put in place both on an interim, and final basis for your family.
If the Court is required to assist you in determining the time that your children should spend with you and your partner, it is necessary for you to have attempted dispute resolution (through mediation or counselling) to resolve your dispute, and to lodge a certificate to this effect with the court as part of any Court application, unless there are urgent circumstances which exclude this process.
Binding Financial Agreements
Our team can assist in the preparation of binding financial agreements, which can be made prior to marriage or commencing cohabitation (often referred to us pre-nuptial agreements or just a ‘prenup’) or following separation or divorce.
Binding financial agreements are available to both married couples and couples in de facto relationships (including same sex relationships) and are now specifically recognised under the Family Law Act as being legally binding.
Couples can use these types of agreements to regulate and/or resolve how their finances will be managed during, or following the breakdown of, their relationship.
In order to be legally binding, you must have legal advice at the time of signing a Financial Agreement, and a lawyer must sign a certificate confirming that such advice has been given.
Binding financial agreements need to be carefully considered and worded to ensure that they consider any structural implications (e.g. family trusts, companies, self-managed super funds) of the proposed settlement, as well as tax implications and any other consequential matters, such as refinancing obligations.
Curwen-Walker Lawyers has a team of lawyers with experience in both defending and prosecuting domestic violence matters, including family violence. If you believe you are in danger from domestic violence, or you have been served with an Intervention Order, we urge you to contact us now.
Our service in this area include:
- Applying for Intervention Orders or responding to being served with an Intervention Order
- Assistance with any criminal breaches of an Intervention Order
We can help you with your legal questions.