Our family lawyers provide expert legal service with a degree of care and sensitivity not always apparent in family lawyers.
We can assist you will all aspect of your Family Law Matter, including:
We have family lawyers to covers most regions of Sydney, but specialise in family law Liverpool, Bankstown, Campbelltown, Blacktown, Penrith, and Parramatta.
A common misapprehension of the public is that a Divorce finalises and deals with all issues between the parties. This is wrong.
In plain English, a Divorce simply allows a party to dissolve their marriage and get remarried.
There are certain requirements that must be meet prior to a Divorce being granted, one of which is that the parties must be separated for a continuous period of 12 months prior to the application being made.
It is possible to live under the same roof and still be separated (this is called separation under the one roof). This can happen if you and your spouse had decided the marriage was over and were living independently from each other. For example, if you no longer shared the usual activities of marriage such as sex, eating meals together, performing domestic services for each other, sharing finances and going out together.
Maatouk offer services for divorce lawyer Sydney, divorce lawyer Bankstown, divorce lawyer Campbelltown, divorce lawyer Blacktown, divorce lawyer Penrith, and divorce lawyer Parramatta.
The Family Court and the Federal Circuit Court (The Court) have the jurisdiction relating to the property dispute between spouses.
The Court generally adopts a three stage process in which:
Firstly: Needs to identify and value the matrimonial assets and all matrimonial liabilities.
Secondly: Needs to assess the parties contributions to the acquisition conservation and improvement of the matrimonial assets.
The contributions can be economic and non-economic.
Once the above is determined the Court then generally determines the percentage division of the matrimonial asset pool.
Thirdly: The court has power that in order to ensure that justice is done as between the parties the court can make a further adjustment to take into account the needs of the parties after separation. Accordingly the following matters are taken into account:
The Family Law Act requires the parties to comply with the pre-action procedure prior to commencing a case.
The aim of the pre-action procedures is to explore areas of resolution and, where disputes cannot be resolved, to narrow the issues that require a court decision. This should control costs and if possible, resolve disputes quickly, ideally without the need to apply to a court. The pre-action procedure applies to:
The Family Rules require prospective parties to genuinely try to resolve their dispute before starting a case and we always strongly suggest to clients that they attempt to negotiate and sort out their differences instead of going to court.
It is no secret that going to court is expensive, and we always remind our clients that sometimes agreeing for that 5% difference earlier on in the matter may in fact save you much more than going to court and fighting over it for several months and maybe even years!
Families, particularly the children, are a courts first consideration when resolving or determining family disputes. At all stages during the pre-action negotiations and during the case itself, should you ultimately apply to a court you must keep in mind.
The Family Court and the Federal Circuit Court (The Court) have the jurisdiction to make parenting order(s) concerning children whether or not the parties are:
Generally the Court makes orders about:
The Courts paramount consideration in making a parenting order(s) is the following test:
What, in all the circumstances, would be in the best interests of the child?
The Family Law Act requires the parties to comply with the pre-action procedure prior to commencing a case. The objectives of such action are:
Lawyers must and should as early as practicable:
Maatouks core services and locations include: family lawyer Sydney, family lawyer Bankstown, family lawyer Campbelltown, family lawyer Blacktown, family lawyer Penrith, and family lawyer Parramatta.
Get in touch today for family law services.