How can we assist you with Family Law?
At Thornton + King, our experienced family law solicitors are dedicated to providing comprehensive legal advice for people experiencing family law issues. Whether you are seeking a divorce, negotiating a property settlement, or dealing with parenting and child custody proceedings, we are here to help you navigate the legal landscape with confidence.
Our family law firm in Sydney, Thornton and King, has decades of specialised experience dealing with all types of family law matters, and we understand the importance of tailoring our advice and support to your individual circumstances.
Family Law and Divorce
Family law, often referred to as ‘divorce law’ relates to the legal aspects of the breakdown of a relationship. Typical family law matters may include dealing with things such as:
- Division of property and other assets
- Parenting and child custody matters
- Spousal maintenance
The breakdown of a relationship can be a horrible time, and it is important to ensure that you have the best legal advice to guide you through the process.
Find The Best Family Law Lawyers In Sydney To Represent You
At Thornton and King, our lawyers have decades of experience dealing with family law and divorce matters. With a specialised family law and divorce team, our lawyers can assist you by providing you with advice on your legal position, giving you guidance as to what may be considered just and equitable by a court, and preparing consent orders, financial agreements, or engaging in a contested hearing on your behalf to ensure that you receive the best possible outcome in your family law matter.
Divorce is the formal end to a marriage. It is a decree made by the courts that formally brings an end to a marriage and frees the parties to remarry or enter into a new legal relationship in the future, should they wish to.
There are certain requirements that must be met in order to obtain a divorce. These are:
(a) Either you or your spouse must regard Australia as their home;
(b) You and your spouse must have separated and lived separately for at least 12 months; and
(c) It must be established that the marriage has broken down irretrievably, meaning that there is no reasonable likelihood of reconciliation.
In Australia, divorce is a separate matter to property settlement and control and care of children, however, your family lawyer may assist you with all of these issues at the same time.
A property settlement refers to the process after a breakdown of a relationship by which the parties to divide their assets and liabilities. This may include issues such as the division of real estate, business assets, debt, and superannuation.
Family law child custody or parenting matters are those relating to the care and control of children following the breakdown of a relationship.
This can include things such as who a child lives with, who has responsibility for making decisions over a child and whether that is a sole or joint responsibility, whether financial support is to be provided for the ongoing care of a child, and any other aspect regarding the care, welfare, development of, or parental responsibility for, a child.
There are three key ways in which family law property or parenting matters are resolved.
1. Consent Orders
The most common way family law property matters are resolved is by way of consent orders. This is where parties mutually agree to how their assets are to be divided, and the court makes an order which makes the agreement binding on the parties.
Consent orders can be obtained:
(a) In amicable situations – Where the parties already know how they want to divide their assets, they can obtain orders from a court by consent.
(b) In non-amicable situations – where the parties are involved in court proceedings against one another, but bring the proceedings to an end on the basis of mutually agreed terms.
In order to make orders by consent, the court will need to be satisfied that the proposed division of assets between the parties is just and equitable. A law firm specialising in family law such as Thornton and King can assist you by providing you with advice as to what factors will be considered by the court, what division of assets may be considered just and equitable by the court, and assisting in the preparation, negotiation, and lodgement of consent orders with the court.
2. Binding Financial Agreements
The second most common way family law property matters are resolved is by way of binding financial agreement. These agreements are binding agreements that are made between parties with the benefit of legal advice, but without the need for the court to make any orders, and therefore a binding financial agreement does not necessarily have to reflect a division of assets that is just and equitable.
3. Court Hearing
The third most common way of resolving a family law dispute is by way of a final court hearing. This occurs where the parties are unable to reach a negotiated agreement, resulting in the need for a court to make a determination as to how the assets of the relationship should be divided between the parties.
Receiving proper legal advice can give you peace of mind that you have considered all relevant issues, including your current and future financial needs, the current and future needs of your children, and practical advice on the best way to structure your division of property, business, and other assets. There can be tax and other practical consequences associated with the division of property.
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