Are you going through a divorce or separation? Worried about what will happen to you and your family?
At Mason & Green Solicitors we understand the stress a family dispute can involve, which is why we pride ourselves on our attentive, client-focused approach. We provide personal, practical solutions that meet your needs and give the best outcome for you and your family.
We are committed to resolving our clients’ matters in a confidential, efficient and cost-effective way. Not all disputes have to be settled by a Court. Some can be resolved through methods such as negotiation or collaboration, which could save you time and money. We will always keep you informed of your options throughout the process.
If your matter must proceed to Court, you will receive the strong representation you deserve.
We can help you with:
- Marriage, de-facto and divorce disputes, including prenuptial agreements, divorce, legal separation, annulment of marriage, spousal maintenance, property settlements, domestic and family violence and Apprehended Violence Orders (AVOs), family mediation, and legal representation at Family Court
- Children’s issues, including child support and enforcement of payments, parenting plants for child custody and visitation, parental rights, father’s rights and grandparent’s rights, guardianship of children, adoption and representation at Children’s Court
Our office is conveniently located in Port Douglas, however we do Skype/telephone consultations as well. Contact us today to arrange a confidential consultation.
**WE ARE CURRENTLY OFFERING FREE 30 MINUTE INITIAL FAMILY LAW ADVICE **
Common Questions in Family Law:
Do I have to be divorced to split the property?
As soon as you have separated you can make arrangements to split your property and debts between you and your ex partner, you do not have to wait until you are divorced.
Do we have to go to Court?
No, not at all. If you have already agreed on how things should be divided between you, your lawyer can draw up the document which will finalise the arrangements, and then get underway the legal processes which will split the assets.
What if we can’t agree?
There is an established process in cases where there is disagreement over how property should be split. Firstly the court needs to be satisfied that you have attempted to reach agreement, and to this end you will be ordered to participate in dispute resolution.
If this doesn’t resolve the matter then an application for property orders must be filed with the Family Court or Federal Magistrates Court. This application must be made within 12 months of your divorce becoming final.
The matter will be set down for hearing and a legally binding decision will be made by the court.
How does the court decide?
Firstly the court will calculate the total assets owned by both parties, including property, shares, cars, jewellery, savings, furniture etc. This includes things you brought into the relationship, those acquired during the relationship and also those purchased after separation.
Next the court will weigh up the contributions from both parties, including financial, non-financial, inheritances and assets brought into the relationship.
Then the court will look at the future needs of both parties, including factors such as your capacity to earn money and your parental responsibilities.
Lastly the court will make a decision based on what is just and equitable to both parties.
We can help
Dealing with the complexities of property settlement is stressful but the consequences of not doing it properly can impact on the rest of your life. We are experienced negotiators, and will make sure that you get the best possible outcome.
Contact us to find out more or to arrange an appointment to see us either face to face in our office or via Skype or telephone at a time that is convenient for you to discuss your particular situation