Family Law.
Whatever form your family may take we get that it is an essential, beautiful and fragile thing, with meaning which extends far beyond marriage or birth certificates, divorce papers or legal agreements. In its simplest reduction life is all about finding your tribe and loving them hard.
However, when tension and conflict arises within a family structure we know that you can feel like you are totally lost and alone at sea. When this occurs, it is our mission at Abbotts & Co. Lawyers to take you by the hand and lead you back to safe shores.
ENABLING YOU TO REBUILD A NEW FUTURE
Separation and Divorce Lawyers
The breakdown of a marriage is almost always an emotionally exhausting and traumatic experience. At Abbotts & Co Lawyers, empathy and friendly service is at the very heart of who we are and what we do.
We understand that at this most difficult stage of life, the last thing on your mind is the complex and rigid laws around separation and divorce. At Abbotts & Co Lawyers, it's our job to take this worry off your plate, allowing you to heal and rebuild for the future.
At Abbotts and Co lawyers we often remind out clients that it is much worse to remain in a family situation which is no longer happy, healthy or allowing you to live your best life. A divorce may be the opening of a fresh new chapter.
With warm and down to earth service, we strive to make all clients feel comfortable and at ease. Being partners through this process we strive to ensure our clients never feel anxious or ashamed about reaching out to us regardless of what is playing on their mind.
The separation process explained.
For a separation to take place one party of the marriage (or de facto partnership) simply needs to clearly communicate to the other that the relationship has ended. For divorce and property separation requirements it is important that the date of this separation is recorded (and if possible, confirmed by the other party).
For most people separation involves one of the parties leaving the home, however this is not a requirement. It is possible to continue to share a roof and still be legally separated. In circumstances such as this it is important that it is clear between the couple that they are separated and that their ongoing behaviour remain reflective of this status.
Divorce - signed, sealed and delivered.
In very simple terms a divorce is little more than the Courts signing off on the fact that a marriage has broken down beyond repair. The process has nothing to do with assigning blame or airing the dirty laundry from the relationship. The only requirement of the Court is that the two persons have been separated for a 12-month period.
There still remains some extent of stigma and shame around filing for divorce and acknowledging that things did not play out as expected. However, it’s better to accept what your marriage was, and what it was not. Of course, if there are young children involved then their protection and welfare must be the paramount consideration.
WHO GETS WHAT?
Property Settlements
Over time as two people share a life together it is unavoidable that their finances will become blended and entwined. Additionally, there will also be important non-financial contributions to any partnership that need to be acknowledged and carefully considered.
With so many moving parts (shared houses, debts, bank accounts, businesses, investments, and superannuation) a fair settlement can initially seem completely overwhelming. At Abbotts and Co we are ready to work with you – one step at a time – to find the right path through.
Where at all possible the settlement process will involve calm negotiation with your partner to reach an arrangement which is acceptable to both. Should this not be possible then further options such as a formal mediation process or the involvement of the Court may be considered.
Once an agreement has been reached between a couple there are two paths forward:
Consent orders – Once the terms of the agreement are documented they will be sent to the Family Court to make the orders legally binding. The Court will only do so if are reviewing the agreement they regard it as fair and reasonable on both parities.
Binding Financial Agreement – This is a contract between the couple setting out the terms of settlement. As the contract is not reviewed or approved by the Court they are more likely to be disputed. To be enforceable both parties to the agreement will need to seek out independent legal advice.
Although at Abbotts and Co. Lawyers we generally recommend lodging consent orders with the Court to ensure that the agreement is binding and allowing the couples to enjoy the security of a ‘clean break.’ However we know that everyone’s circumstances are unique and we look forward to crafting a solution which is right for you.
PROUDLY PROGRESSIVE & ACCEPTING
Rainbow Families legal services NSW
At Abbotts and Co Lawyers we are a young, progressive and open minded team. To be most effective need our clients them to feel comfortable enough to let us into the most personal and private aspects of their life and family. In doing so, we know its most important for a relationship of mutual trust and acceptance to exist.
We especially welcome all members of the LGBTQI+ community who may have felt isolated or anxious by engaging with the mostly ‘old school’ legal community of the Mid North Coast.
At Abbotts and Co Lawyers we are non-judgemental and tolerant; but we will not accept small minded bigotry or ignorant prejudice. We see you, we hear you, and were here to help.
Other Family Law matters we can assist with
Prenuptial Agreements/ Domestic Relationship Agreements;
Parenting Plans/ Parenting Orders;
Marriage Annulment;
Adoption, Surrogacy and Shared Parenting arrangements.
BREAKING FREE
We know the first step is always the hardest.
As your trusted legal friends, we want to join your cheer squad, as you plan your future and work towards those brighter days. When you are ready to make a start, so are we.
To learn more about how we can assist you with all type of family law matters, contact us or click below to book in a complimentary consult.
Help is only a friendly phone call away….