Family Law
Malouf 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:-
- Property settlements
- Maintenance applications
- De facto property disputes and litigation
- Divorce applications
- Proceedings in relation to children
- Grandparents' rights
- Child support and representation for children
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 with Malouf Solicitors today!
