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Family Law Lawyers and Mediation

For most of those dealing with their family law matter through the Court system, it becomes apparent very quickly that you might be in this for the long haul and it won’t be cheap. With a currently under resourced Family Court, the excessive delays no doubt add to the stress of separating couples who want nothing more than to be able to move on with their lives. So, what else can you do to try and take back control of your future? Well there are many alternatives but a cheaper and often underestimated option is Mediation. Family law lawyers are able to assess your particular situation and advise whether mediation is suitable in your circumstances. [...]  READ MORE →

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Separation Lawyer Advice for Parenting after Divorce

Separating from your partner is often a difficult thing to go through and how both parties choose to handle that separation can determine how well your children adjust to the new situation. It is not uncommon for children to find a way to blame themselves for the separation despite every intention a parent might have to prevent this. Making a conscious effort to minimise the difficulties faced by children in the aftermath of separation can make all the difference.  Speaking to a separation lawyer at the onset of the split may be beneficial in providing you guidance for parenting after divorce, and allow you to set up a positive routine for your children from the start, which will hopefully extend throughout the remainder of the proceedings. [...]  READ MORE →

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Child Support Lawyers Advice – Changing Child Support Agreements

When making child support decisions, separating parents have the choice of applying to the Department of Human Services (DHS) for an administrative assessment, or they can make a private agreement between themselves with the assistance of their child support lawyers. But what happens if a party disagrees with the assessment; or if a party wishes to alter an assessment due to change of circumstances?

Appealing a administrative assessment made by the DHS

If you do not agree with an assessment made by the DHS, you may be able to make an objection. Objecting to a decision takes the form of a formal review. [...]  READ MORE →

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Divorce Lawyers

It’s fair to say that divorce is almost always a traumatic event in one’s life. The stress and emotions that are associated with divorce often make people overlook important long-term practical and legal issues that can have a significant effect. Therefore, it is always recommended to seek legal advice when you are considering getting a divorce to obtain an overview of your legal rights and any potential legal issues. Our divorce lawyers at Matthews Folbigg Lawyers can assist in helping you through the traumatic process of a divorce to meet your divorce needs. [...]  READ MORE →

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Property Settlement Agreement

The law encourages parties to negotiate and reach an amicable agreement as to the division of property following separation. If you have come to a Property Settlement Agreement with your former partner then you may wish to formalise this by entering into a binding property settlement agreement.

Sometimes parties come to an agreement without having properly considered the nature and effect of their agreement. When negotiating a Property Settlement Agreement some things to keep in mind include the following: [...]  READ MORE →

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Child Support Lawyers Advice to Separating Parents

When individuals with a child or children separate, there is more to consider than just the needs of either party; it is vital to ensure that the needs of the children are protected, this is where Child Support Lawyers may be of assistance. Child Support Lawyers are able to assist separating parties to work through appropriate arrangements for the future financial maintenance of the parties’ child or children. Child support is a payment by one of the parents to assist the other with the cost of looking after the parties children who are under the age of 18 years old, unless other factors cease the payments earlier. [...]  READ MORE →

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How can a Marriage Lawyer Help?

When your marriage or relationship breaks down, there are many things that you need to consider. No doubt, going through this will bring upon change and while emotions may be high, it is very important that you speak to a Marriage Lawyer.

What can a Marriage Lawyer assist you in dealing with:
  • How to divide your finances
  • How the mortgage is to be paid
  • Who should pay the mortgage
  • Whether you should contact the bank for special consideration
  • Whether it would be ideal to sell the house
  • Where the children should live
  • How much time the children should spend with your partner
  • What should happen with the children on school holidays
  • Whether you should seek child support from your partner

At Matthews Folbigg Lawyers, a Marriage Lawyer will work closely with you to ensure you are well aware of your entitlements when being advised about family law issues. A Marriage Lawyer can help you understand the process involved with Divorce; Property settlement; Superannuation; Separation agreements; Parenting and custody disputes and Child support. [...]  READ MORE →

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Domestic Violence

Domestic Violence is now recognised as a serious and widespread problem in Australia impacting the individual, their family unit and the community at large.

Husband or Wife, Mother or Father, Child or Teenager – Everyone has a right to be safe from any type of violence.

Yet there are many people who do not seek help for a myriad of reasons. Often the case is that victims are fearful of breaking up and leaving the family unit, especially when there are children involved. Sometimes the thought of attempting to escape can be too daunting. Others don’t consider leaving because they do not believe that their circumstances amount to any real domestic violence. [...]  READ MORE →

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Speaking to a Divorce Lawyer about Treatment of Assets after Separation

When parties to a relationship separate or divorce, they will at some stage need to divide their property through the process of a property settlement. Time limits apply to applications to the court for property settlement.[1]

Sometimes there can be a significant delay between the date of separation and date of a final property settlement. This may be because one party does not accept that the marriage is over or they do not want to meet with a divorce lawyer.  It may also be because the parties just want to get on with their lives and avoid the perceived complexity relating to a property law settlement.  This type of delay can have an impact on the final settlement, particularly if one of the parties receives an inheritance or other large lump sum payment after separation. [...]  READ MORE →

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Divorce Lawyer

At Matthews Folbigg Lawyers, a Divorce Lawyer will work closely with you to ensure you are well aware of your entitlements when being advised about family law issues relating to:

  • Divorce;
  • Property settlement;
  • Superannuation;
  • Separation agreements;
  • Parenting and custody disputes;
  • Child support.

A Divorce Lawyer at Matthews Folbigg family law specialists regularly provide professional advice to clients about how to protect their assets in the event their marriage or relationship breaks down (by entering into a prenuptial agreement), how best to make arrangements for your children following divorce and how to apply for child support following divorce. [...]  READ MORE →

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Child Support Lawyers

Parents going through a separation may be required to pay child support. This may involve a payment being made by one or both parents to the other to help with the cost of looking after the children.

The child support assessment process is administered by the Australian Government, Department of Human Services (“DHS”). A parent may make an application to DHS for a child support assessment. DHS would take into account a number of factors including the income of each parent and the percentage care of the child or children. A change to the circumstances of each parent or of the child can change the calculation of child support. This can be a significant source of conflict. [...]  READ MORE →

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Prenuptial Agreement

More frequently spouses who propose to enter into a De facto Relationships or intend to marry are wishing to minimise conflict in the event that despite their best efforts, the relationship might not work out. Since 2002 in relation to married couples and 2009 in relation to De facto and same sex couples; the legislation has provided parties with a mechanism whereby they can enter into a binding financial agreement / prenuptial agreement which will govern the separation of their finances in the event that the relationship should break down. [...]  READ MORE →