The area of Family Law encompasses marital relationships, same sex relationships, de facto relationships, disputes about the care, welfare and development of children, disputes about financial settlement and disputes about ongoing financial support for both spouses and children. As such, it is an area fraught with difficulty, and at times uncertainty. We at Delaney Lawyers believe we are well qualified and certainly experienced enough to provide you with appropriate guidance through what can often be confronting and difficult times.
Below, we have endeavoured set out some of the basic concepts and considerations which you must take into account. We have also endeavoured to explain how we can best assist you to navigate your way through what can be an emotionally, as well as an economically challenging experience.
If you have researched other Family Law Practices, you will see that they inevitably promote their expertise in large money cases and esoteric areas of practice, which in reality are relevant to only a very small number of litigants in the jurisdiction. Some of the most difficult and often intractable problems in this jurisdiction arise not in large money cases but in cases in which there is simply not enough money to go around and in cases which relate to the care, welfare and development of children as opposed to the distribution of wealth.
Over our many years of practice, we have dealt with all manner of Family Law disputes, from AVO proceedings in Local Courts to contested Divorces in the Federal Circuit Court of Australia, complex children and property disputes in the Family Court of Australia, proceedings in the High Court, as well as our extensive experience in the Supreme Court of NSW dealing with Probate and Succession Act disputes. A small, but significant part of our practice also involves our appointment as the Independent Children’s Lawyer acting in the best interest of children caught up in apparently intractable disputes between their parents.
Whatever your family law problems we have both the people and expertise and skill and the resources through our connects with other members of the profession, accountants and valuers to help you achieve the best possible outcome.
Over our many years of combine practice, Delaney Lawyers has developed a sound reputation throughout the profession and has developed strong working relationships with members of the Bar, both in the area of family law and also those practicing in Equity and Commercial Law.
Given the issues which arise in any Family Law matter touch on so many personal concerns, we at Delaney Lawyers recognise that this is a jurisdiction which is in many ways totally unlike most other areas of legal practice. For a start, we are well aware of the fact that money spent on legal fees (as well as money spent on Accountants, Valuers and other appropriately qualified experts) is money which is coming from you and not from corporate funding. As such, we are acutely aware of the need for a fast, sensible and economically sound resolution of your Family Law matters. To that end, we place an emphasis on pre-litigation resolution and use our best endeavours to negotiate an appropriate settlement for you prior to the start of any proceedings. We take a similar view, even if you are the Respondent in proceedings commenced by your former partner.
As you will appreciate, it is not always possible to negotiate settlements, particularly where highly emotive factors are involved. Accordingly, whilst our focus will be on a sensible negotiated settlement at all times, we do not shy away from the necessity to engage in robust and effective litigation where necessary.
The sole ground for obtaining a divorce in Australia today is the irretrievable breakdown of marriage. The only evidence which the Court requires of this is a period of twelve (12) months separation (with the intention on the part of at least one of the parties that such separation is meant to put an end to the marital relationship) prior to filing an Application for Divorce.
Any Application for Divorce must be brought in the Federal Circuit Court of Australia rather than the Family Court of Australia. The current filing fee is $900 and as of mid 2018 all applications must be filed on-line.
You and your spouse also have the option of filing a Joint Application for divorce should you wish to do so. If so, costs and filing fees can be shared.