Family Matters

Family law matters are complex and require understanding and expert advice. At Bells Lawyers, our specialist Law Department are ready to provide a range of services including negotiating divorce settlements, arranging financial agreements and addressing children’s issues.

Relationship breakdown? De facto or marital

A relationship breakdown can be an emotional and costly time in your life. Generally speaking, a marriage relationship ends with separation and then divorce. Separation has no formal process until it leads to divorce, which involves the Family Court or Federal Magistrates Court.

Whether your marriage or de facto relationship breaks down, you will need legal advice. Our family lawyer will:

Explain the steps undertaken to reach a divorce settlement;
Clarify your rights and obligations under any financial agreements;
Explain your property and child custody rights; and
Help negotiate and represent you in court should a dispute arise.

Financial agreements

Taking control of finances and property can be challenging, especially when it involves the rights and interests of two parties in a marital breakdown. However a well-drafted financial agreement has the potential to protect marital assets and achieve a more tailored divorce settlement.

A financial agreement is a written agreement that deals with the finances, property and maintenance of parties in a marital relationship. Financial agreements can be made before, during or after marriage. Parties to a de facto relationship can also enter into a similar agreement called a “cohabitation agreement”.

So even if you are contemplating marriage or are entering a de facto relationship, you may be able to save significant costs if you formalise how your assets will be divided in the event of a relationship breakdown.

Expert legal advice is essential because of the binding nature of a financal agreement and limited intervention by the Courts. At Bells Lawyers, we will help you draft your agreement to:

Best protect your assets – including inheritance;
Ensure it complies with formal requirements set out in the Family Law Act;
Provide certainty;
Protect ownership and retention of any business/commercial interests;
Prevent potentially costly and time-consuming litigation; and
Provide peace of mind when looking after your assets in the event of a marriage breakdown.

Division of property and property settlements

If you are thinking of separation or divorce, you may be entitled to a portion of the assets of the marriage. These assets may include property, shares, financial resources and even superannuation contributions.

Before beginning to negotiate the division of property with your partner, seek the advice of our family law specialist. At Bells Lawyers, we will be able to:

Advise on the “pool of assets” to which you and your partner have accumulated in the marriage, including any financial and non-financial contributions;
Assess the likely distibution of assets to you and your partner;
Secure the best outcome for you in the negotiation process;
Provide advice on any spousal maintenance issues; and
Administer the legal transfer of your assets, including superannuation.

Children, domestic violence and parentage

When a relationship breaks down, the rights of the child are paramount. Issues such as child support and maintenance obligations require the guidance of a family lawyer to help achieve the best outcome for children.

At Bells Lawyers, we offer understanding and advice on the sensitive and often emotional issues that arise when children are involved in marital disputes.

We have specialists who can also help you with complex issues such as:

Custody entitlements, child support and maintenance;
Parentage, DNA testing and responsibilities for a child; and
Child abuse, domestic violence and sexual offences.

Speak to us today at Bells Lawyers so we can provide you the understanding and timely advice you need to help resolve your individual family needs.

Ring Bells for Sound Legal Advice!

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