Family Law
The end of a relationship is one of the most challenging and stressful events in your life. The decisions made will affect how property is divided, what your new living arrangements will look like and, most importantly, the wellbeing of your children.
Even if you can resolve the dispute amicably, finalising your divorce and separation can be complicated and demanding.
Osborne Legal can help you navigate your way through your separation. Michelle and Gabrielle practice solely in the family law jurisdiction and their experience and expertise set us apart.
We have an Accredited Specialist in family law. This means that you can be assured that the advice you are receiving is accurate and up to date. Our legal team will offer you practical advice tailored to your specific situation and will work with you to achieve the best possible outcome.
We see court as a last resort and use our knowledge and experience to guide you to a negotiated outcome. Our collaboratively trained lawyers are experts in negotiation and mediation. However, sometimes litigation is necessary or can’t be avoided. If the matter does end up in court – we have an experienced team of advocates that will manage your case.
Our family law practice is full fixed fee. Our fixed fee model ensures that you know how much your legal fees will be so that you can move forward with confidence. We are committed to ensuring that our client’s have certainty as to costs, as well as excellent representation.
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Children’s Matters
There is no issue more important in a family law matter than the welfare of your children. It is a difficult issue to navigate, and it is vital for your children that decisions are made that prioritise their need for stability and security alongside their ability to have a meaningful relationship with both of their parents.
Our team are experienced in all stages of negotiation and litigation and can help you through the preliminary negotiations, mediation and court-based litigation.
We can provide you with advice and assistance in a wide range of parenting negotiations including matters such as: –
- The living arrangements for your children.
- How your children will spend time with both of their parents.
- Disputes about medical interventions and treatment.
- Relocation of your child’s residence.
- The ability to travel internationally with your children.
- Involvement in decision making.
- Relationships with grandparents and other special people in your child’s life.
- Contravention applications
Division of Property
When you separate, working out how to divide your assets, liabilities and superannuation can be a minefield. It is important to remember that there is no formula that can be relied upon to calculate a division of assets in a property settlement.
It is vital that you get advice from an experienced family law practitioner as early in your separation as possible. We are committed to ensuring that your property settlement proceeds as smoothly and as cost effectively as possible.
Our lawyers have specialised expertise in negotiating property settlements and will ensure you receive clear and accurate advice as to the division of your assets and your superannuation tailored to your specific circumstances.
We can help you with a range of issues that arise in property settlements such as: –
- Retention of the family home.
- Division of superannuation.
- Interim occupation of the home.
- Cash settlements.
- Transfer of assets between parties.
- Valuation disputes.
- Intergenerational issues arising from farming property.
- Drafting Consent Orders & Financial Agreements.
Child Support and Spousal Maintenance
Child Support
After separation your household income will vary significantly as you and your former partner set up your own homes. It is therefore important to ensure that you are receiving the child support that is required to be paid. While this should be a straightforward process, the child support scheme can come with complications and confusion.
We can help you navigate the following issues:
- Paternity declarations.
- Advice around making applications for departure from the administrative assessment.
- Enforcement options if child support is unpaid.
- Explaining the types of Child Support Agreements that can be entered.
- Providing advice about the advantages and disadvantages of entering into a Binding Child Support Agreement.
Spousal Maintenance
If you can’t financially support yourself adequately after separation, you may be entitled to receive spousal maintenance. This could occur as a lump sum or periodic payments.
Spousal maintenance is a specialised area of law, and it is important that you have a solicitor that understands how the law is applied and what your options are in either seeking to be paid spousal maintenance or defending against a claim for spousal maintenance.
If you have a question about spousal maintenance, please arrange a conference.
Divorce
A Divorce is the formal and legal dissolution of your marriage.
Divorce is dealt with as a separate application to the Court, and you must wait until you have been separated from your partner for 1 year before you can apply. If you have children under the age of 18 years, you will need to attend the Divorce Hearing.
The team at Osborne Legal can assist you through the application process and the Court hearing.
Binding Financial Agreements
If you are seeking to minimise the risk of disagreement about your financial matters in the future, we recommend you consider a Binding Financial Agreement (otherwise known as a pre-nuptial agreement, prenup or BFA) to protect your existing assets.
While it is not a very romantic consideration, it is important to protect your assets from being eroded at the end of relationships so that you can ensure you have the resources to support yourself and your family into the future.
You can enter into a Binding Financial Agreement prior to starting a de facto relationship, when you are engaged to be married, while you are in a de facto relationship, while you are married or after the end of your relationship.
There are strict rules to be followed when preparing a Binding Financial Agreement and it is essential you receive specialised, competent advice from a skilled and experienced family law practitioner before entering into a financial agreement.
If you have been wondering about how to do this, get in touch with our team and explore your options.
What Our Clients Say
“We cannot begin to thank you enough for all your help over the last 7 years.
You got us the best possible results and we are so grateful.
Now we hope to not see you in a professional manner ever again! Fingers Crossed.”
Family Law Client, Parenting Matter
“Just a note of thanks for all your assistance with my divorce settlement. I will always be grateful for the kindness and compassion, patience & professionalism shown to me during a very difficult time.”
Family Law Client, Parenting Matter
“A huge thank you to Michelle, Lisa, Hannah and Staff. Your professionalism, your compassion, your understanding and your guidance was without a doubt appreciated. It was a long 2.5 years of ‘madness’ at times but as of today a relief as there is now closure. Happy days from now on. Feeling fantastic!”
Family Law Client, Property Matter
“Thank you very much for the support and guidance that you have shown me. I came into this office as a timid person and very unsure of myself. You gave me the courage and reassurance of who I am, and most of all you gave me a voice and the confidence to use it.”
Family Law Client, Property Matter
“Highly recommend Osborne Legal. Thanks to them I got my children back.”
Family Law Client, Parenting Matter
“I would like to let you all know how grateful I am for all that you have done for us. More than words could say. Now for the rest of our lives. Big Thanks.”
Family Law Client, Parenting Matter
“Friendly greeting by her receptionist. Very good and helpful advice. Would highly recommend Michelle Osborne.”
Family Law Client, Advice only.
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