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Family LawMalouf
Solicitors offers a sound experienced yet sensitive and realistic approach to
family law matters. The firm has a depth of knowledge in this area of
practice combined with a compassionate understanding of the emotional
complexities of matrimonial disputes. The
firm has had substantial involvement in disputes concerning:-
The
firm recognises the significant changes in society and has a developed
experience in the areas of de facto relationships and cohabitation agreements
reflecting these changes. The
experience of Malouf Solicitors in areas of commercial law trusts and family
law provides clients with sound advice in this area of practice often
involving complex issues of income and asset structures. This
is one of the most difficult areas of legal practice both for the lawyer and
the client. You are not only dealing with children, property and money but
people's feelings and emotions. It is usually the biggest commercial
transaction the parties will ever be involved in. The parties to a broken
marriage often feel lonely, exposed and vulnerable. We
have very experienced lawyers and paralegals and are therefore able to
allocate cases to the appropriate level as well as accommodate the client's
financial position on costs. We undertake a majority of our own appearance
work which helps keep costs down. We not only handle the simpler cases but
also the biggest and most complex litigious fights in the Family Court. Divorce
Divorce
dissolves the legal bonds of marriage between the parties. It does not
deal with other matters such as children’s residence and contact, maintenance
or the division of property. The only ground for divorce is the
irretrievable breakdown of the marriage which is shown where the parties have
been living separately and apart for twelve months and there is no reasonable
likelihood of them getting back together. We
can assist you filing your Application for your divorce in the Family Court
or the Federal Magistrates Court and ensure that you obtain your divorce
smoothly and efficiently. Property
Settlement
The
main item of property that most people own will be a house or a home unit or
a block of land. We will assist you to determine whether you retain
your home or whether it is sold. Property will include cars, shares,
furniture and furnishings and superannuation entitlements. Wherever
possible, the best result is to reach an agreement about the property.
Mutual agreements save time and expense. If, however, it is not
possible to obtain an agreement we will assist you to utilise the avenues
open to you through litigation or mediation to obtain the best result for
you. Maintenance
Applications
Maintenance
is an amount of money paid by one party to a marriage for the financial
support of the other party or their children. It is not automatic upon
separation and a separated man or woman who is not caring for children and
who is able to work will not automatically be awarded maintenance.
However, we will assist you to determine your entitlement as a spouse and
also assist you with child support issues. The
Child Support Agency (CSA) is a part of the Australian Tax Office and it is
their job to decide how much child support should be paid. The Agency
applies a formula set out by law which determines the amount that should be
paid. It is designed to cover most cases and allows for different
family circumstances. We can help you navigate the Child Support Agency
to determine the best for you. De Facto Property
Disputes and Litigation
A
de facto relationship is created when two people live together as husband and
wife without having married. The law recognises that legal rights and
obligations are created and that these matters do not come within the ambit
of the Family Court. Outstanding financial issues can be resolved by
agreement and formalised by way of a Separation Agreement. You may also
wish to consider entering into a cohabitation agreement which will determine
how your financial affairs will be arranged should you separate. If you
are unable to resolve the issues through negotiation and agreement, you may commence
proceedings in the Local Court, District Court or Supreme Court. We,
at Malouf Solicitors, can assist you to determine the appropriate way of
resolving these issues. Proceedings
in relation to Children
All
claims or disputes regarding residence or contact for all children of New
South Wales come within the Family Law Act. Thus, children of a
marriage, children of a de facto relationship and children whose parents have
no continuing relationship are all covered by the same legislation. Contact
refers to the day to day care of a child and the legal rights and obligations
necessary to carry out that responsibility. This does not include the
power to make longer term decisions about a child such as education, religion
or health other than in medical emergencies. The law also considers the
responsibility for the long term welfare of the child. This includes
the power to make decisions about the child’s education, health and
religion. Under the family Law Act parents are each guardians of their
children and are jointly entitled to be responsible for the children’s long
term welfare and development until the Court Orders otherwise. This
means they equally share the legal rights and obligations over their
children. Most
parents who separate are able to decide between themselves on where the
children will live without taking the matter to Court. Whilst this can
be a difficult and an emotionally draining experience, solutions reached in
this way usually suit everybody better than a decision imposed by the
Court. We can assist you to work out arrangements to suit your
children. We
recognise that you know your children and their needs and we can assist you
in negotiating over children’s issues. If the issues cannot be
negotiated, we can advise you and assist you to obtain a Court Order that
will be appropriate for you and your children. Grandparent's
Rights
Most
Court cases are between the parents and children. However, there are a
range of people who are concerned with children who may be seeking
contact with them. They can include the new partners of either of the
parents, brothers or sisters or even close friends. Of course,
grandparents have a special relationship with children and this is recognised
under the Family Law Act. We
can assist you to obtain ongoing contact with your grandchildren and ensure
that that special relationship continues. For all your Family Law matters, speak to Anthony Malouf or Nicole Quirk. |
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