FAMILY LAW
FAMILY LAW
When a relationship ends, you want someone who understands the complexities of separation and divorce, parenting arrangements and responsibilities such as child support. You may need assistance in circumstances where a company, trust, business and capital gains tax liabilities are a consideration, or help to negotiate who children will live with and spend time with.
The Harwood Andrews’ Family Law team takes a pragmatic and client focused approach to strive for an amicable outcome through mediation or agreement.
In working collaboratively with other areas of the firm such as Wills and Estates, Commercial Law and Disputes groups, the Family Law team takes a holistic approach to your complex financial and taxation issues, superannuation funds, parenting matters and the division of property and assets in the context of a separation or divorce.
Let us guide you through:
Harwood Andrews has been recognised in the 2024 listing of leading Victorian Family & Divorce Law Firms.
Recognising law firms practising within the areas of family law, matrimonial and custody matters within Regional Victorian locations who have been identified by their peers for their expertise and abilities in these areas.
SEPARATION & DIVORCE
SEPARATION & DIVORCE
The breakdown of a marriage can be an emotional and unsettling time. When you and your former spouse decide to separate, there are several things that may require attention and finalisation, such as:
The arrangements for your child/ren including who the child/ren live and spend time with, including days and durations. Also, decision making about care, welfare, or development including medical, educational, sporting, and cultural considerations.
A financial settlement and the division of property and assets including who might remain in the home, how the assets and liabilities (including cars and household items for example) are to be divided and business considerations.
Financial obligations such as payment of bills, the mortgage and living expenses, school fees and child support arrangements.
An application for divorce (if applicable) to formally end the marriage relationship.
There are certain circumstances which make you eligible to apply for divorce in Australia. An application for divorce requires an application to the Federal Circuit and Family Court of Australia. You will need to show the court that you and your former spouse have been separated for a continuous period of 12 months immediately prior to filing the application for divorce.
You may in certain circumstances be considered as separated even though you have remained living under the one roof with your former spouse. An application for divorce can be made jointly or solely. Parenting arrangements and financial or property settlements are entirely separate from an application for divorce.
Harwood Andrews’ Family Law team can assist you with the divorce application process, as well as arrangements for parenting and property settlement matters.
Our team understands the complexities of separation and divorce. When you’re at time where there is much to consider, coupled with the emotion of a relationship breakdown, our team will ensure all your questions are answered and guide you to a resolution that is specific to your situation.
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PARENTING ARRANGEMENTS
PARENTING ARRANGEMENTS
The best interests of your child/ren are the primary consideration when separating or engaging in the family law process. Parents generally have equal parental responsibility for the long-term decisions that relate to their child/ren.
Our team can assist you with negotiating parenting arrangements for your child/ren.
Some common considerations in family law parenting arrangements include:
Who the child/ren lives with and spends time with, including days and durations;
Changeover arrangements;
Decision making about care, welfare, or development of the child/ren, including medical, educational, sporting and cultural considerations;
Consideration for ‘special occasions’;
Spending time with other significant people, such as relatives; and
Relocation and travel.
Child Support arrangements are not included as part of the parenting arrangements.
Separated parents have a number of options when it comes to their parenting arrangements, being:
An informal arrangement: typically, where parents are reasonably amicable, an arrangement is agreed between themselves and not formalised;
A parenting plan: which is a documented record of the agreement reached by both parties. It is signed and dated and details the parent’s responsibilities and the child/ren's arrangements agreed, however it is not always legally binding; or
A parenting order, including by consent: is a legally enforceable arrangement that formalises the specific arrangements for the child/ren.
Every family is unique. Harwood Andrews’ Family Law team is thorough and takes the time to understand the complexities of your family situation. Our team delivers pragmatic advice and support to help you obtain an outcome that is in the best interest of your child/ren.
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MEDIATION
MEDIATION
Having ‘someone in your corner’ during your family law matter who understands your position and understands the outcomes that you are seeking is important. The Harwood Andrews Family Law team work with you to seek to resolve your family law matter by negotiation, including by mediation.
Our team can assist with:
If agreement cannot be reached between you and your former partner directly, mediation is a useful tool to assist with negotiating an agreement. Our team can help you to arrange a private mediation and appear on your behalf at mediation. If mediation has been unsuccessful in helping to achieve a resolution to your family law matter, it may be necessary to make an application to the Federal Circuit and Family Court of Australia.
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PROPERTY & FINANCIAL SETTLEMENTS
PROPERTY & FINANCIAL SETTLEMENTS
During a relationship, the parties to that relationship may bring in and/or acquire various assets and debt. When a relationship breaks down, you may need to complete a property or financial settlement with your former spouse.
What are the considerations and principles that impact the division of assets and liabilities? What is your share of the property or financial settlement?
Whilst every relationship is different, the relevant factors to help determine the division of your property and finances include:
All assets and liabilities of both parties, and those which either party has an interest in, including superannuation;
Direct financial contributions;
Indirect financial contributions (such as gifts and inheritances);
Non-financial contributions;
Contributions as homemaker and parent; and
Each party’s future needs.
Harwood Andrews’ Family Law team can help you take a forensic approach to your family law property settlement. Additionally, our team will work in collaboration with the commercial transactions & advice team to ensure you receive advice tailored to your specific financial situation, particularly where there is a family business, other business interests, or complex structuring involved.
If parties cannot reach agreement on a property and financial settlement, it may be necessary to make an application to the Federal Circuit and Family Court of Australia to seek orders as to how their property is to be divided.
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SPOUSAL MAINTENANCE
SPOUSAL MAINTENANCE
Where you are financially unable to support yourself, you may in certain circumstances be able to seek financial assistance from your former partner to meet your living expenses.
When seeking financial assistance by way of spousal maintenance, considerations include:
your age and health;
your income, property, and financial resources;
your capacity to earn an income to support yourself, including your ability to work;
your living expenses including consideration of a suitable standard of living;
if the relationship has affected your ability to earn an income, and
child/ren in your care.
The above considerations will also apply to your former partner’s circumstances.
Similarly to property and financial settlements and child support matters, Harwood Andrews’ Family Law team takes a comprehensive approach to understanding your financial situation and circumstances following a separation or divorce. Our team can assist you with negotiating spousal maintenance arrangements with your former spouse. If parties cannot agree on spousal maintenance arrangements, it may be necessary to make an application to the Federal Circuit and Family Court of Australia.
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CHILD SUPPORT
CHILD SUPPORT
In determining the right child support arrangements for your circumstances, there are a number of options available to parents:
an administrative assessment obtained upon application to Services Australia, Child Support;
a formal Child Support Agreement, being either:
a Binding Child Support Agreement, or
a Limited Child Support Agreement; or
an informal or private arrangement between parents.
The administrative assessment formula looks at both parents’ circumstances to work out how much child support should be paid and by who. It assesses the cost of a child/ren based on the combined income of the parents, the child/ren’s age, and how much time each parent cares for the child/ren. If one parent has greater income than the other, they may be required to provide some of this income to the other parent in the form of child support.
Some parents prefer to obtain an administrative assessment in relation to their child support matters. It is a bureaucratic process and is procedurally updated and reassessed at regular intervals. There is also an internal review mechanism.
If parents otherwise agree on the level of child support that they are to provide or receive in relation to their child/ren, Harwood Andrews’ Family Law team can assist with the preparation of Child Support Agreements if they wish to formalise that agreement.
Child Support Agreements can include provisions for cash payments and/or payments towards various expenses for the child/ren, such as school fees and private health insurance. Child Support Agreements are beneficial if parents seek to control the amount of child support that is paid over a period of time.
A Binding Child Support Agreement must be properly drafted, signed, witnessed and legally certified. Both parents will be required to have legal advice in order to enter into a Binding Child Support Agreement. Binding Child Support Agreements are intended to provide for longer term arrangements and are difficult to terminate. They can provide for periodic and/or non-periodic child support arrangements. Due to the long-term nature of Binding Child Support Agreements and the difficulties in ending them, it is important that they are drafted taking into account the possible changes in circumstances that might arise in the future. These can include changes in relation to the care of the child/ren or the employment status of the parents.
Limited Child Support Agreements as the name suggests are entered into for a limited period. They are more flexible and do not require the parents having received independent legal advice before entering into them. They can be terminated more easily. However, a child support assessment via Services Australia must be in place before a Limited Child Support Agreement can be lodged with Services Australia. Also, the amount payable pursuant to the Limited Child Support Agreement must be at least, or more than the amount payable under the assessment. Given the relative ease of ending Limited Child Support Agreements, they may not be an appropriate mechanism for arrangements that are intended to form part of a longer term or more certain, binding arrangement.
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BINDING FINANCIAL AGREEMENTS
BINDING FINANCIAL AGREEMENTS
A Financial Agreement can be entered into by you and your former spouse to formalise a property or financial settlement, including provisions relating to spousal maintenance, if you wish to do so outside of the court system.
For a Financial Agreement to be legally binding, it needs to meet particular requirements as set out under the Family Law Act, including but not limited to, both parties having received independent legal advice.
Harwood Andrews’ Family Law team understands the complexities associated with Financial Agreements. Our team is especially attuned to and seeks guidance from the commercial transactions & advice team where a family business, other business interests or complex structuring is involved.
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LITIGATION AND COURT REPRESENTATION
FAMILY LAW LITIGATION AND COURT REPRESENTATION
When negotiation or mediation does not result in an amicable resolution to your family law matters, Harwood Andrews’ Family Law team represent our clients in relation to:
Our team regularly appears in the Magistrates’ Court of Victoria and the Federal Circuit and Family Court of Australia.
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