FAMILY LAW
FAMILY LAW
Family Law on the Gold Coast
FAMILY AND DE FACTO LAW
We understand that the breakdown of a relationship can cause stress and uncertainty. Lili Bulyk Solicitor and Attorney has a solid reputation in family law and de facto matters amongst clients as well as family law firms.
We are able to provide you with advice in relation to one, or a combination of, the following:
- Divorce applications and representation at divorce hearings
- De facto and family law property settlement
- Children’s matters
- Drafting orders and financial agreements (including prenuptial and cohabitation agreements) and providing independent legal advice on same
- Domestic violence matters
DE FACTO AND FAMILY LAW PROPERTY SETTLEMENT
Seeing a lawyer does not always mean going to court.
Often parties are able to reach agreement as to the division of assets. With a lawyer’s assistance, you will be able to make those agreements legally binding (see orders and financial agreements below) with consent orders or a binding financial agreement.
At Lili Bulyk Solicitor and Attorney, we will do our best to assist you to reach an agreement in relation to property settlement through negotiation and without the cost involved in proceeding to court.
WHAT IF WE CANNOT REACH AGREEMENT?
If you are unable to reach agreement with your former spouse or partner, we are able to assist with mediation and, if necessary, commencement of proceedings and representation in court.
WHAT WILL A COURT CONSIDER WHEN MAKING A DETERMINATION AS TO PROPERTY SETTLEMENT?
The Court will follow the “four step process” when making a determination as to property settlement. The four step process looks at the following:
- Determining the assets, liabilities and financial resources of the parties. Assets which form a part of the property pool will include, but are not limited to, chattels, businesses and real property, property owned jointly or individually by a party to the relationship. Superannuation is also considered.
- Contributions of each party. The court will consider the assets owned by each party at the commencement of the relationship as well as the contributions of each party during the course of the relationship and post separation. Contributions include financial contributions as well as non-financial contributions such as contributions in the capacity of homemaker and parent.
- Considering the future needs of each party. The court can make an adjustment to the contribution percentage having regard to the future needs of each party. Considerations include the age of the parties, income and health as well as whether there is unequal care of children. The court may make an adjustment to the contribution assessment on the basis that one party’s future needs are greater
- Is the result just and equitable? The court will then consider whether the outcome of steps one to three is a fair result for each party.
CHILDREN’S MATTERS
At Lili Bulyk Solicitor and Attorney. our goal is to reduce the stress of separation not only for parents but also for their children by reaching quick and effective resolutions in relation to children’s matters.
We are able to assist with the negotiation, mediation and drafting of consent orders in relation to child care arrangements when agreement can be reached. Consent orders are filed with the family court and are legally binding.
If an agreement cannot be reached, you will be required to attend family dispute resolution (mediation) before making an application to the court. The court will consider the best interests of the child when making orders.
We not only represent parents in relation to children’s matters but also grandparents and other third parties.
DRAFTING ORDERS AND BINDING FINANCIAL AGREEMENTS
Once an agreement has been reached, either in relation to property or children’s matters, it is important to formalise the agreement so that it is legally binding.
CHILDREN’S MATTERS
In children’s matters, agreements are formalised by way of a consent order. The orders are prepared in our office and signed by both parents. The orders are then filed with the court, and the filing fee is paid. If the court considers the orders to be just and equitable, the court will make the orders, and sealed orders will be provided to the parties.
PROPERTY SETTLEMENT
In property matters agreements may be formalised by way of consent order or binding financial agreement.
WHAT IS THE DIFFERENCE BETWEEN CONSENT ORDERS AND A BINDING FINANCIAL AGREEMENT?
Consent orders must be filed with the court, and the orders will only be made if the court considers them to be just and equitable. Binding financial agreements are not filed with the court; however, each party to the agreement must obtain independent legal advice.
WHAT IS THE BENEFIT OF HAVING CONSENT ORDERS OR A BINDING FINANCIAL AGREEMENT?
Consent orders and binding financial agreements are legally binding documents. It is important to finalise your property settlement to allow you to move on emotionally and financially.
If there is real property which was owned jointly and is to be transferred to one party of the relationship, a formalised agreement can exempt the parties from paying stamp duty on the transaction.
WE REPRESENT ALL MEMBERS OF THE FAMILY
Don’t get caught off guard and don’t get taken advantage of. Everyone deserves to be treated and represented equally. It doesn’t matter if you are a mother, father, husband, wife, partner or relative, we are here for you. Call us today for an appointment to receive the representation you deserve.
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