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Family Law
Family law consultation
At the risk of stating the obvious, separation occurs upon the realisation by a spouse that the relationship or marriage has irretrievably broken down. We appreciate that the law surrounding family relationships, family breakdowns and divorce is likely to be new to most people. At KJB Law we can provide comprehensive advice to you in relation to all matters that need to be addressed in light of a pending or actual separation. Separation usually triggers the need to address and resolve:
- The division of property and liabilities;
- The care and living arrangements for any children of the relationship;
- Getting a divorce;
- Applying for and obtaining child-support payments for any children of the relationship; and
- Amending your will.
Quite understandably, many people who are faced with these issues simply don't know where or how to begin addressing or resolving them. To help you begin to navigate these difficult times, you can book an initial family-law consultation with one of our specialist Canberra family lawyers to discuss your situation, and the options available to begin addressing and resolving all issues arising from the breakdown in your relationship or marriage.
This conference can be in person or over the phone, whichever is most convenient for you. It's obligation-free and, of course, completely confidential. By the end of the initial conference you will have gained a much clearer understanding of any specific or immediate issues that need to be addressed, the options available to progress your matter towards a final outcome and a sense of what any final outcome is likely to be.
Care and living arrangements for children
For separating couples with children the ongoing care and living arrangements for the children is a sensitive, emotional issue though invariably needs to be addressed. If you have reached an agreement in relation to whom the children will live with and how much time the children will spend with the other parent, then this can be managed informally or can be formalised by way of a Parenting Plan or Family Court Consent Orders.
We have a wealth of experience in formalising parenting arrangements by way of Parenting Plans or Family Court Consent Orders and will advise which of these processes should be preferred or adopted in your particular circumstances and why.
Unfortunately, not all separating parents are able to easily reach an agreement in relation to the care and living arrangements for their children. At KJB Law we attempt to shield you from the emotion and stress of parenting issues as much as possible by continuing negotiations on your behalf or, if absolutely necessary, commencing family law proceedings and representing you and your children’s interests throughout the litigation process.
Due to our extensive experience in family law litigation and appearance work before the four Canberra-based family law judges, we're able to provide you with a reasonably accurate indication of how your particular case will unfold, the likely procedural processes that a particular judge may favour during the litigation process and, finally, the range of probable outcomes having taken into account all of the personal and other circumstances relevant to your case.
Property division
Upon the irretrievable breakdown of a de-facto or marriage relationship the need to address the division of property and liabilities inevitably arises. Married or de-facto couples who separate and are able to reach an agreement as to how the property and liabilities are to be divided can (and should) formalise this agreement by entering into a financial agreement or applying for Family Court Consent Orders.
We have extensive experience and expertise with regard to legally formalising property settlements by way of financial agreements and Family Court Consent Orders, including which of these methods or processes should be preferred in your particular circumstances and why.
Where parties are simply unable to reach an agreement as to how the property and liabilities of the relationship are to be divided, family law proceedings may be necessary to resolve the situation. Our Canberra-based family lawyers have extensive and specialised experience in relation to matrimonial and de-facto property litigation and it is our aim to ensure you're both aware of, and receive, the proportion of property to which you're fairly
and reasonably entitled.