Family Lawyers Geelong Helping people through family law challenges. Let us help you move forward with confidence and clarity.
Matrix Legal are Geelong’s Family Lawyer experts, who service clients throughout Geelong and the Surfcoast where Mark resides and can do remote sessions during this time.
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Areas Of Practice
Geelong Family Lawyers have significant experience in the following areas:
Separation
Divorce Preparation
Property Settlements
Financial Agreements
DNA Testing Orders
Defacto Matters
Wills
Enduring Power of Attorney
Talk to us and we'll help you through your tricky situation.
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Separation
Separation happens when you and your husband/wife or partner stop living together as a couple. You do not need an official document to say that you are separated. One or both of you may make the decision to separate, and tell the other person of that decision. One of you may then decide to move out of the home.
It is possible to be separated but still to live in the same house. This is called being separated “under the one roof”. Being separated will mean that, for example, you no longer sleep in the same bed, no longer have sex together, you may cook and eat separately and no longer do household chores for each other.
Even though there is no official separation document, there are some agencies you may need to tell that you and your husband/wife, or partner, have separated. You may need to tell Centrelink, if you receive benefits already or if you need financial assistance. You may also need to contact the Child Support Agency; if you have children living with you, you may be entitled to financial payments (child support) from your husband/wife or partner.
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Preparing For Divorce
The Initial Interview
The initial interview will last approximately 30-60 minutes. At the initial interview, we will discuss the facts of your case in detail. You will not need to bring any documentation to this initial interview.
We will discuss your options and both short-term and long-term strategies. In addition, you will receive our Divorce questionnaire which is a thorough questionnaire pertaining to your situation. You will ned to take this away with you complete it, and return it to our office.
Once we receive your completed Divorce Intake Sheet, we will draft your initial paperwork and start the formal divorce process.
A few words about costs and retainers
Before work begins on your divorce, you will be required to pay a retainer. The amount of the retainer will be based on the expected complexity of your case. Retainers can be paid with EFT, cash, credit card cheques if you prefer. Payment arrangements will be discussed prior to the initial interview.
If the case is less complex than expected, you will receive a refund for the unused amount. If the case is more complex than expected, you will be asked to pay an additional costs.
Other Costs?
In addition to paying our legals fees, you will be responsible for payment of the various court filing fees, mediation fees, and service of process fees.
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Property & Financial Settlements
After you separate at some stage it will be necessary to divide your property through a Property Settlement including assets, liabilities and financial resources.
Financial Resources include Superannuation and pension interests.
The definition of ;property is very wide. It will include almost anything of value.
Property Settlement includes assets and financial resources such as (amongst other things)
jointly owned assets;
property owned in the name of one party only;
superannuation;
business interests;
an interest in a company;
family trusts as well as other Trust interests;
Funds or Interests over which a party has influence or control;
Prospective entitlements (in some cases);
assets owned prior to the commencement of the relationship;
assets acquired the relationship;
assets acquired after Separation.
As well as dividing the assets and financial resources, property settlement also involves the division of any liabilities. Liabilities will include debts, loans, tax and stamp duty obligations. All liabilities are considered whether they are in joint names or whether they are in the name of one spouse only.
Contrary to popular belief, in Australian law there is no presumption or starting point that property should be divided between the parties on an equal (50% / 50%) basis. There is not any rule of thumb as to how Courts will divide the property between the parties.
The Court will look at the particular facts of each case on its own merits and then make an Order they consider appropriate for the circumstances of that case.
An Order made by a Court is usually framed in terms of the percentage of the total property pool that each party will receive.
You may have heard of a friend's property settlement being 60/40, 60% to the wife and 40% to the husband. This means if their net property pool (total assets & financial resources - total liabilities) was $800,000, then the wife would have received 60% of that being $480,000 and the husband would have received 40% being $320,000. The Court will usually specify which assets each party will retain, whether any assets must be sold so that the proceeds can be divided and whether a party needs to pay a cash adjustment amo
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Financial Agreements
A financial agreement is a written agreement between two or more people that is compliant with Part VIII or VIIIAB of the Family Law Act 1975 (Cth).
Financial agreements are similar to the well-known pre-nuptial agreement, but are signed before, during or after a marriage. Under Section 90D of the Family Law Act, financial agreements cover the following:
division of property, finances and debts after a marriage breakdown
superannuation
spousal maintenance
other incidental issues.
For financial agreements to be legally binding, both parties must have signed the agreement and have received independent legal and financial advice before signing.
The different types of financial agreements are:
In contemplation of a marriage (s90B);
In contemplation of a de facto relationship (s90UB);
During a marriage (s90C);
During a de facto relationship (s90UC);
After a breakdown of a de facto relationship (s90UD).
A financial agreement outlines the parties' agreement as to their financial arrangements. Financial Agreements are intended to avoid the need for the parties to go to court in respect of property matters.
A Financial Agreement may also include the parties' agreement on other issues such as maintenance, claims on the other party's estate after death and adult child maintenance.
A financial agreement is not a court order. It is an agreement that is governed by statute. Equitable contractual principles which may be used to set aside the agreement have also been incorporated into the legislative provisions governing financial agreements (s90KAand s90UN).
A court is required to determine whether a financial agreement or a termination agreement is valid, enforceable or effective according to contractual principles of law. A court may also grant contractual remedies. In light of the changes to the legislation under the Federal Justice System Amendment (Efficiency Measures) Act (No 1) 2009, in relation to enforceability where parties have not strictly complied with legislative requirements, the court may consider whether it was unjust and inequitable for the agreement not to be binding upon the parties - see s90G(1A), s90J(2A), s90UJ(1A) and s90UL(2A).
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Geelong Family Law Experts
We are experts in family law matters including, divorce, child custody, child support, property divisions and spousal support determinations. Our goal is to provide a legal path for both parties to move forward in a emotionally secure manner.
Explore Your Options
We take pride in “Thinking outside the box,” as our lawyers treat every case as if it were before the court. Although we work hard for a speedy settlement, we are always willing to explore any matter if necessary. As experienced familiy law experts we understand the need for thorough preparation and diligent investigative work to ensure the best outcome for our clients, whether it be an in-court or out-of-court resolution
Emotional Support
Family Law disputes can be an emotional time for both parties. The decisions you will make during this time will greatly affect your life for many years to come. It is important to weigh all legal strategies and determine which strategy will work best in your case. This is where an experienced Family Law Experts are needed, because depending on the facts of your case, and your goals regarding resolution, one legal strategy may be more beneficial than another. We thoroughly evaluate your circumstances and then craft strategic legal campaigns that effectively resolve disputes and help you move forward with confidence and security