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Key contact:

P: 03 5333 8888
​​E: familylaw@bjtlegal.com.au

+ Family Law

Family law disputes regarding parenting, financial or property matters can be challenging and complex. BJT Legal can assist you in all areas of family law, including court representation throughout Victoria and Australia.

 

If you are considering separating, then we recommend you consult our family lawyers as early as possible. Any decisions that you make now in relation to your children or your property could have significant implications in the future.

 

Getting advice early will assist you in making decisions that you will feel comfortable with long term. It will also assist you to settle your differences before the matter becomes too complicated.

 

If you have already reached an agreement, we can advise you and ensure that any agreement reached is in your best interests and binding.

+ Separation

If you are considering separating, it is important to seek legal advice as early as possible. At separation, there are many important considerations, such as where you will live, who will have care of the children and how will you divide your assets. The arrangements you make early in separation will impact on your future arrangements, so it is important to seek legal advice from the beginning.

+ De Facto Relationships

Family law applies to de facto relationships in the same way as it does to married couples. It is therefore important to seek legal advice in relation to your relationship or separation as early as possible, as the arrangements that you make early in the relationship or separation will impact on your future position.

 

The Family Law Act defines a de facto relationship as a couple living together on a genuine domestic basis. If any of the following apply, you or your partner may seek a division of property upon separation:

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  • The period of the de facto relationship was at least two years; or

  • There is a child of the relationship; or

  • There were significant financial contributions made and the failure to assess the relationship as de facto would result in a serious injustice; or 

  • The relationship was registered as a de facto relationship.

 

Your property is then assessed under family law in the same way as married couples.

 

If you were in a de facto relationship, you must apply for financial orders within 2 years after separation or you may require the Court's permission to apply.

+ Financial and Property Issues

Dividing property following a divorce or separation can be fraught with tension and complexity. Our experienced family law team supports you through the entire process, resolving property matters with practical legal solutions.

 

Our solicitors are adept at navigating complicated company and trust arrangements and settlements that include real estate, savings, superannuation, shares, cars, businesses and investments.

 

We finalise financial and property matters by negotiation, mediation, or as a last resort, court proceedings, ensuring your interests are looked after with sensitivity and efficiency.

 

It is important to seek legal advice in relation to property division as early as possible, as the arrangements that you make early in separation will impact on your future position.

 

Before agreeing to anything, it is important to understand the law and your potential entitlements.

 

The Family Law Act provides four key steps in relation to the division of property after separation:

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  • Identifying the assets and debts of the parties – this might include real estate, business interests, investments and superannuation, as well as any debt, such as mortgages, personal loans and credit cards;

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  • Identifying the financial and non-financial contributions of the parties – this might include assets and debts that you brought to the relationship, your income, any inheritances, improvement works such as renovations on the family home and your contributions as a homemaker or parent;

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  • Identifying the future needs of the parties – this will take into account a variety of considerations including your age, health, income and whether you have any children or other persons in your care; and

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  • Determining a just and equitable division of property in consideration of the asset pool, the contributions and the future needs of the parties.

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The parties are required to provide full and frank disclosure, so even if you were not involved in financial matters during the relationship or do not know what assets your former partner owns, this is not a barrier to negotiating a fair settlement.  We will ensure that your former partner provides all necessary disclosure.

 

If you can negotiate an agreement, it is advisable that any agreement be formalised by way of Consent Orders which are legally enforceable.

 

If you are unable to reach agreement and need Court orders in relation to financial or property matters, you can consider applying to the Court. If you were married, you must apply for financial orders within 1 year of a Divorce and if you were in a de facto relationship, you must apply for orders within 2 years of separation or you may require the Court's permission to apply.

 

If possible, we will provide you with an assessment of your likely entitlements at your first consultation, so that you are aware of your negotiating position from the outset. 

 

We also have experienced commercial law and property law teams that can provide additional detailed advice and support in complex matters. BJT Legal also maintains close working relationships with local and national accountants, valuers and barristers for assistance where necessary.

+ Parenting Matters

Negotiating children's arrangements is often the most difficult and painful aspect of any separation. We endeavour to alleviate the stress these matters can cause by taking a calm, considered and child-centred approach.

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The Family Law Act is the legislation that governs the time that the children will spend with each of their parents. The child’s best interest is the paramount consideration when the Court is determining children’s matters, and at the heart of this is the understanding that children need a meaningful relationship with both parents whenever possible and safe to do so.

 

Our family law team can assist with all aspects of parenting matters and will provide you with advice on how to reach a resolution that works for your family whilst minimising your legal costs.

 

It is important to seek legal advice in relation to children and parenting matters as early as possible, as the arrangements you make early in separation will impact your future arrangements.

 

Family Dispute Resolution (FDR) is a government funded mediation process available to all separating families to assist parents to reach agreement. If agreement is reached at FDR, it is generally written into a Parenting Plan.

 

At FDR, you do not usually have a lawyer present – so it is recommended you obtain legal advice prior to attending. Any Parenting Plan you enter into at FDR will be relevant in any future family law court proceedings if arrangements break down.  It is therefore important that you understand your legal position before entering into a Parenting Plan.

 

You can negotiate a Parenting Plan yourselves (with or without the assistance of lawyers), it does not have to be done through FDR. That Parenting Plan can then be formalised by way of Consent Orders which are legally enforceable.

 

If you are unable to reach agreement directly or at FDR and instead you need Court orders in relation to your children, you can consider applying to the Court which we can help you with.

+ Binding Financial Agreements (including Prenuptial Agreements)

Binding Financial Agreements (BFAs) are an alternative type of agreement available in relation to property and financial matters. BFAs can be used prior to a de facto relationship or marriage (commonly referred to as pre-nup), during a relationship or marriage or after separation. 

 

Pre-nups are commonly used later in life to protect one or both parties financial positions in the event of a relationship breakdown.  We can assist with drafting and witnessing BFAs.

 

In some circumstances, you may be unable to negotiate an agreement. If this is the case, you can consider applying to the Court

+ What are Consent Orders?

Consent Orders are Court orders by way of agreement. Consent Orders give you the security of a formal Court order without the stress of arguing in Court. Once the parties have negotiated an agreement in relation to their parenting arrangements and / or their property split, the agreement can be filed with the Court as Consent Orders for their approval. You will then be able to move forward knowing that your future parenting arrangements are binding and or future financial position is secure.

+ Complying with Family Law Court Orders

My child does not want to spend time with their Mum or Dad - what do I do?

 

If your existing parenting orders are no longer working or circumstances have changed and you can no longer comply with them, it is important to seek legal advice as early as possible – your future position may depend on how quickly you act.

 

If you breach family law orders, the Court may enforce the existing orders, compensate the other parent for lost time with a child, vary the existing orders or punish you by way of a fine or a term of imprisonment.

 

The Court will consider whether or not there was any reasonable excuse for any breach, for example, if a child's time with their parent was not facilitated for safety reasons or health reasons, this may be a reasonable excuse.

 

Where Court orders are not being complied with there are several options, including a Recovery Order application, Contravention application or applying for new orders altogether. The best approach will depend on your individual circumstances and urgent action may be taken if appropriate.

+ Changing Family Law Court Orders

Can I change my court orders?

 

If your existing parenting orders are no longer working or circumstances have changed and you can no longer comply with them, it is important to seek legal advice as early as possible – your future position may depend on how quickly you act.

 

As a general rule, Courts want parenting orders to be final and will only change them if absolutely necessary. Therefore, in any application to vary parenting orders the court will consider whether there has been a substantial change in circumstances that is sufficient to justify a review of the orders.

 

Unless the matter is urgent, it may be necessary to undertake mediation or Family Dispute Resolution to attempt to resolve the matter by agreement prior to any Court action. It is recommended that you obtain independent legal advice prior to attending Family Dispute Resolution.

+ Urgent Court Applications & Recovery Orders

If you require urgent family law orders, you may be able to apply to the Court immediately and be exempt from requirements to attend mediation or Family Dispute Resolution.

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If your child has been removed from your care, you may make an urgent Recovery Order application, seeking an order that the police recover the child and return them to your care.

 

If you are concerned that your child may be removed from Australia without your knowledge or consent, you may apply to the court seeking urgent orders that passports be surrendered or a Watch List Order preventing the departure of a child from Australia by air or sea.

 

If you are a victim of family violence, it may also be necessary to seek urgent court orders.

 

BJT Legal can assist you with any urgent family law matters.  Generally, the sooner you act the better

+ Family Violence

If you are in immediate danger, dial 000 and request police assistance.

 

If you have experienced family violence, you should seek legal advice as soon as possible. There are several legal processes available to victims of family violence, including reporting matters to police, intervention order applications and family law applications. The best approach to ensure the safety of you and your children will depend on your individual circumstances.

 

If you require family law orders due to family violence, you may be able to seek urgent court orders and be exempt from requirements such as attending mediation or Family Dispute Resolution.

 

We have both male and female lawyers who can advise you if you have a preference.  We undertake legal aid funded work, where you may not have to pay any fees (if eligible). We can also refer you to family violence support services as needed.

 

If you need after hours assistance, please phone 1800 RESPECT (1800 737 732).

 

If you require family violence support services in the Ballarat region, please contact the following:

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+ Divorce

Divorce is the application that is made to the Court to end a marriage (known as dissolution of marriage). A divorce does not deal with property division or children matters - these two issues are separate legal processes (see Financial and property issues and Parenting matters).

 

Many people think that divorce is the first step in separation or that you must get a divorce to formalise your separation but the opposite is true - formal parenting and financial / property arrangements are usually made prior to divorce.

It is important to note that you are unable to get re-married until any previous marriage has been dealt with by divorce or annulment.

 

If you want to get a divorce, you must have been separated for 12 months or more before you may apply. You can apply for a divorce yourself using the Family Law Courts Application for Divorce kit (Court filing fees apply).

 

Alternatively, BJT Legal can assist you by completing the application and attending all court hearings on your behalf.

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