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Family Law

There is no such thing as an easy family law matter, but it can be made easier with the right lawyer on your side. We understand the difficulty our clients are going through, and we believe one of the best things we can offer besides expert advice and strong representation is empathy. At Castro Legal, we are committed to providing personalised, attentive representation that achieves the best outcome for you.

We focus on settling disputes in the most amicable, efficient and affordable way, so we encourage our clients to explore all available options before proceeding to court. We also provide fixed fees for some family law matters.
If you are ready for practical, down to earth advice, contact us to discuss your matter with a family lawyer.

We can help you with

Separation and Divorce

We understand that the breakdown of a relationship is a very emotional and stressful time for families. Separation and Divorce can become more complicated when assets are involved, and you may be concerned about your financial future. Our lawyers have extensive experience in a broad range of financial family matters, including settlements of modest assets all the way to substantial assets, including businesses and property. Whatever the sum involved, you are guaranteed the same dedicated and thorough service, focused on ensuring you get your fair share.

What are the grounds for divorce?

In Australia, there is no need to provide any reasons for divorce other than that the relationship has broken down irretrievably. If you’ve been separated for more than 12 months the court takes this as evidence of the fact, and even if you still live under the same roof you can still obtain a divorce provided you swear to the separation in your divorce application.

What do I need to apply?

You will need your marriage certificate, identification, and proof of citizenship (if you were not born in Australia).

The court needs to be satisfied that your children are being taken care of before a divorce will be granted, but will not expect that you have a formal agreement in place in regard to child custody.

You may be able to reach agreement with your ex-partner without having to go to Court. However, bear in mind that if you can’t reach agreement, a formal application for property orders must be lodged within 12 months of your divorce becoming final.

If you and the other party agree to a divorce, you can file a joint application where you are known as joint applicants. Both applicants must sign the Divorce Application. You do not need to serve documents on the other party if you make a joint application.

If you make a sole application, you are known as the applicant and the other party is known as the respondent. Only you as the applicant are required to sign the Divorce Application. The respondent does not need to sign however you will need to serve the application on the respondent.

When you lodge your application the court will advise the date of the hearing, usually within 2 – 3 months. The hearing is not long and you may not need to attend. The divorce order becomes final in one month and one day from the date of the hearing, provided it is granted.

Complete our Online Divorce Application for a free assessment and our experienced family lawyer will contact you within 2 business days to advise you on the next steps to file the Divorce Application.

Binding Financial Agreements

What is a Binding Financial Agreement?

Sometimes people know these agreements as “prenuptial agreements” but the legal term is “financial agreement”. A binding financial agreement is a legal document that sets out each parties assets and how it is to be divided in the event of a separation.

The agreement may include:

  1. Distribution of property;
  2. Debts and other finance matters;
  3. Spousal maintenance; and
  4. Other matters.

A Binding Financial Agreement can be made before, during or after a marriage or de facto relationship.

For a Binding Financial Agreement to be valid, each party to an agreement must receive independent legal advice.

If you need legal advice and/or need help drafting a Binding Financial Agreement, contact us to speak to an experienced family lawyer.

Consent Orders

If both parties have reached an agreement about parenting and/or financial/property arrangements and want to formalise the agreement to make it legally binding, you can apply for consent orders. We can provide you with important legal advice to help you to understand your legal rights and responsibilities and how the law applies to your case.

When can I apply for Consent Orders?

An Application for Consent Orders can be filed any time after separation but should to be filed within 12 months of a divorce or two years since the end of a de facto relationship. 

If you are filing beyond this time frame, you will need to seek leave of the Court to file the application. You can do this by seeking permission as the first order sought.

Yes, the court can refuse to grant Consent Orders if it is not satisfied that the proposed orders are just and equitable. You should seek legal advice if the court has not granted the Consent Orders.

It is important that you obtain independent legal advice to understand the meaning and the effect of the orders that you are proposing. We can assist to ensure your agreement is in your best interests and is fair and adequately reflects your intentions.

The work we undertake includes:

  • Providing you with important advice regarding the effects of the consent orders
  • Preparing or reviewing the proposed Consent Orders and Application documents so that you can be certain that your documents meet the court requirements and are fair and just between both parties
  • Ensuring your orders are specific enough to be enforceable
  • Filing the Consent Orders with the court

Parenting Plans

In the breakdown of a family relationship, it is sadly the children who are significantly impacted. Amidst all the negotiations, the priority should be the children’s needs and their best interests. It is important to ensure that the children are looked after and arrangements are in place to ensure they are adequately taken care of.

A parenting plan is a written document signed and dated by both parents that usually covers:

  • care arrangements for children
  • parental responsibilities
  • the decision-making of parents for long-term issues for children
  • how the children will communicate with the non-resident parent
  • communication between parents

Parenting plans are not legally enforceable however if a court case arises, the Family Court can take into consideration the care arrangements of the parenting plan.

If parents decide to formalise their agreement, they can do so through Consent Orders, which are filed with the court and are legally enforceable.

Child Support Agreements

Child support agreements set out the agreed terms between the parents as to the amount of child support to be paid, which parent will pay the child support and how it is to be paid. You can register a Child support agreement with Services Australia and lodge it with the court.

A Child support agreement is only valid where each party the agreement receives independent legal advice before entering the agreement.

If you need legal advice and/or need help drafting a Child support agreement, contact us to speak to an experienced family lawyer.

Frequently Asked Questions

As soon as you have separated you can make arrangements to split your property and debts between you and your ex partner, you do not have to wait until you are divorced.

 

No, not at all. If you have already agreed on how things should be divided between you, your lawyer can draw up the document which will finalise the arrangements, and then get underway the legal processes which will split the assets.

There is an established process in cases where there is disagreement over how property should be split. Firstly, the court needs to be satisfied that you have attempted to reach agreement, and to this end you will be ordered to participate in dispute resolution.
If this doesn’t resolve the matter, then an application for property orders must be filed with the Family Court or Federal Magistrates Court. This application must be made within 12 months of your divorce becoming final.
The matter will be set down for hearing and a legally binding decision will be made by the court.

Firstly the court will calculate the total assets owned by both parties, including property, shares, cars, jewellery, savings, furniture etc. This includes things you brought into the relationship, those acquired during the relationship and also those purchased after separation.
Next the court will weigh up the contributions from both parties, including financial, non-financial, inheritances and assets brought into the relationship.
Then the court will look at the future needs of both parties, including factors such as your capacity to earn money and your parental responsibilities.
Lastly the court will make a decision based on what is just and equitable to both parties.

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