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Wherever possible, we pursue alternative contradict resolution procedures including negotiation, mediation and collaborative family law, a client centered but lawyer assisted approach to resolving family law issues that reduces the likelihood of going to court. She commenced practice in a ambitious suburban family law firm, undertaking a expansive variety of family law and related work. Kathie has practiced exclusively in family law and related areas since admission. While in the UK, Nigel trained and practiced collaborative family law, becoming probably the beginning Australian solicitor to use this innovative style of dispute resolution. Nigel's practice has focused on larger and complicated privately funded property and children's applications prior the Family Court of Australia, including matters involving complicated structures and international family law practice. Tijuana has worked in family law for 10 years. As well as occupied in private practice, Tijuana was a Legal Associate at the Family Court of Australia assisting judges during trials and appeals, undertaking research, editing judgments in family law matters, all of which gave her a detailed accepting of the Court's workings after the scenes and how to prepare matters for clients in the maximum effective way. Tijuana has experience in a variety of parenting and property maters, including matters with significant asset pools, complicated business structures, spouse maintenance claims, kid abuse and child sexual abuse matters, overseas relocation and matters pursuant to The Hague Child Abduction Convention. Marina has worked exclusively with other family law specialist firms since 2006 and has experience in complicated property and parenting matters, divorce, and kid encourage matters. Collaborative family law offers a new and dignified approach to resolving the issues that arise out of relationship breakdown. In a collaborative process, the clients and their lawyers agree to work together to find a impartial solution to whatever financial or child related issues need to be addressed without involving the court. You and your partner will each keep a specialist family lawyer to advise you throughout the process. The majority of the negotiations will take place at 4 ways facetoface meetings between you, your partner and the lawyers. Where appropriate, you will be encouraged to draw on the skills of other specialist advisers, such as accountants to aid with financial disclosure, or child counselors to discuss an issue which may have arisen in relation to the protection of your children. Likewise, it is begin to your collaborative family lawyer to advise you to cease from the process if they do not consider that your partner, (or indeed their lawyer), is keeping to the terms of the agreement. In cases where there is a history of domestic violence or other abuse, the collaborative family law specialists will need to consider very carefully whether the case is pertinent for the collaborative process and are apt to insist on the involvement of other professionals in the process to ensure that the interests of you, your partner and any defendant children are adequately protected and represented. The lawyer you instruct will simplify to you the basis of their charging structure and will go through their firm's terms of business with you. Other solicitors in Sydney and in other areas also give collaborative family law as a portion of their family law services. If the matter settles, a parenting plan or consent orders can be entered into. If the matter does not settle, an donate can be made setting out the issues in dispute. If you are the party who receives an offer, you are needed to respond to that donate within the nominated time. We are able to help you in finding a pertinent service to help you in your case. In any family law, defacto matter or Wills matter, we will ask you to enter into an agreement with us, which sets out in detail the basis of our charging and which we will ask you to sign prior undertaking on any specific work. Your first meeting is charged at the conventional hourly rate for the solicitor unless special arrangements have been made with us.
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We can assist in the preparation of all required documentation for a divorce application to be presented to the Family Court or the Federal Circuit Court. We are also experienced in advising and dealing with various overseas jurisdictions and matrimonial proceedings with overseas aspects to them. The financial consequences of a separation are an important consideration for any couple and how wealth and property will be divided is of important consequence. Often the standard of living enjoyed during the marriage or relationship cannot be sustained when two households need to be created. We donate robust, pragmatic and supportive advice to clients to help them to come to arrangements economically and for the profit of their children. The discretion of the Family Law Courts to segregate property and prosperity involves an assessment of what the court considers is honest and equitable. The Family Law Act and extensive case law sets out what the court must receive into account and how prosperity and property must be divided. Such matters include both financial and non financial contributions to the prosperity of the marriage or relationship, factors such as the length of the marriage or relationship, the age and state of health of each of the parties, and their respective earning capacities. There is no one size fits all’ outcome: every matter requires consideration and analysis on a casebycase basis. We are experienced in advising on the likely outcome of a case and negotiating an agreement that is fair and equitable in all the circumstances. If necessary and good we will also advise about the need to go to court, prepare and help in the preparation of court documents and affidavits and throughout all court proceedings continue to help clients to come an outcome that is impartial and equitable. Agreements, reached before or during court proceedings can be documented in a variety of ways, through a consent order filed in the court, or a financial agreement made between the parties without reference to the court. We will advise you of the most good way of resolving your financial proceedings. Every separating parent knows the anxiety and uncertainty that the change in the family arrangements brings for themselves and for their children. We can advise and help parents to reach to arrangements for their children that reflect the children’s superior interests, which is the paramount consideration for the court. The court must ensure that the children’s superior interests are met by ensuring that both parents have a significant involvement in the children’s lives, protecting the children from harm, ensuring the children take proper parenting to achieve their packed potential and ensuring the parents fulfill their duties and meet their responsibilities for their children’s care welfare and development. We are experienced in advising on, what orders the court can make about where the children should live, what time they spend or communicate with each parent and specific issues such as decisions about religion, education or changing children’s names. In those very few, but solid matters where court orders have failed to ensure that parents fulfill their responsibilities as parents, we can advise and assist on remedies available below the Family Law Act for contravention of parenting orders. Every parent has a duty to financially urge their children, at least until they have finished their secondary education (and in some circumstances beyond). Where either party to a marriage does not have the financial capacity to support themselves and the other party is able to promote their spouse financially, the court may make an order for spousal maintenance. With almost one in two marriages ending in divorce, financial planning and discussions are a economical prerequisite for all marrying couples, but in special for couples entering into a second marriage where either party may have important assets, or where there are children from a
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