When facing family law issues, finding the right legal support is paramount. At Lawyers by the Bay in Mount Eliza & Frankston , our dedicated family law lawyers are here to provide expert guidance and compassionate assistance. Call us at 03 8680 2549 to discuss your case.
Comprehensive Family Law Services
Navigating the complex world of family law can be overwhelming. Our family law lawyers at Lawyers by the Bay offer a range of services to help ease your burden during this challenging time.
Separation & Divorce
Going through a separation or divorce can be a heartbreaking and stressful experience. It’s essential to have a knowledgeable family law lawyer who can help you understand your rights and responsibilities. Our experienced team in Mount Eliza will support you through negotiations and strive for a fair resolution, ensuring you can move forward with confidence.
We know that each case is unique, so we take the time to understand your individual circumstances and tailor our approach accordingly. Whether it’s negotiating amicable terms or representing you in court, we are committed to protecting your interests and securing a favourable outcome for you.
Parenting Issues
Your children’s well-being is our top priority. Dealing with parenting arrangements, custody disputes, and child support issues can be incredibly challenging. With our compassionate advice and representation, we help you secure arrangements that protect the best interests of your children.
Our family law lawyers work diligently to ensure your family transitions smoothly during these tough times. We understand that maintaining stability and continuity for your children is crucial. Our approach is to offer sensible, child-focused solutions that minimise disruption and prioritise their needs. From creating parenting plans to resolving disputes through mediation, we stand by you every step of the way to achieve a harmonious outcome.
Property Settlement
Fairly dividing assets and liabilities is crucial after a separation or divorce. Our dedicated team at Lawyers by the Bay aids in negotiating property settlements, protecting your financial interests, and ensuring an equitable division. With our expert guidance, you can reach a settlement that is both fair and satisfactory.
We take a detailed approach, examining all assets, liabilities, and financial records to ensure nothing is overlooked. Whether you have simple or complex financial arrangements, we have the expertise to navigate through and secure a deal that respects what you’ve contributed during the relationship.
Why Choose Lawyers by the Bay?
Expertise and Experience
With years of experience in family law, our team has the knowledge and expertise to handle even the most complicated cases. Our family law lawyers stay updated with the latest legal developments to provide you with accurate and effective advice.
Compassionate Support
We understand that family law issues are deeply personal and often involve emotional stress. That’s why we offer not just legal representation but also compassionate support to help you through these difficult times. We listen to your concerns, understand your goals, and work with you to achieve the best possible outcome.
Tailored Solutions
We know that no two cases are the same. We take a personalized approach to every case, offering solutions that are specifically tailored to your unique circumstances. Whether it’s a complex property settlement or sensitive parenting issue, our family law lawyers in Mount Eliza are equipped to provide the best possible legal representation.
Confidential and Respectful
Your privacy is paramount. You can trust us to handle your case with the utmost confidentiality and respect. We ensure that all communications and negotiations are conducted in a professional and discreet manner.
Take the First Step Towards Resolution
When you need a reliable family law lawyer, turn to Lawyers by the Bay in Mount Eliza. Our professional and friendly team is ready to help you navigate your situation with care and expertise. It’s time to address your family law matters head-on with professional support from Lawyers by the Bay.
Don’t wait –
contact us today to schedule your consultation and let us provide the guidance you need to move forward with confidence. Whether you are dealing with separation, divorce, parenting issues, or property settlement, we are here to help. Call us at
03 8680 2549.
Understanding Property Settlement
Property settlement involves dividing assets and liabilities between parties following a separation or divorce. It includes not only physical property like homes and cars but also financial assets such as bank accounts, superannuation, and debts. The goal is to reach a fair and equitable distribution of these assets based on various factors, including each party's financial and non-financial contributions, future needs, and any other relevant circumstances.
Financial Agreement
Financial Agreements, also known as Binding Financial Agreements (BFAs), are legally binding contracts that outline how assets and liabilities will be divided in the event of a separation or divorce. These agreements can be made before, during, or after a relationship and provide a clear plan for property settlement. They are often referred to as prenuptial agreements.
If you choose to make a financial agreement, you need to make sure you understand its terms. Before signing any agreement, each party must receive independent legal and financial advice. If formal requirements have not been met, the agreement will be invalid, and the Court may set it aside.
Consent Orders
Consent Orders are court-approved agreements that detail how assets and liabilities will be divided. Once approved by the Court, these orders are legally enforceable and provide certainty for both parties. Consent Orders are typically used when parties have reached an agreement on property settlement but need formal court approval to make it legally binding. Our team at Lawyers by the Bay can help you prepare and submit Consent Orders to ensure your agreement is recognised and enforceable.
The Legal Stuff – What is a Property Settlement and How to Get It Done
A property settlement is an arrangement made between parties to divide assets, liabilities and financial resources when a couple separates. A property settlement can be made with or without the Court's assistance.
Property can include almost anything of value, such as:
- Property owned jointly or independently
- Superannuation
- Business interests
- Trust interests
- Jewellery
- Cars
- Assets acquired through inheritance
- Money
- Animals
A property settlement is not limited to property acquired during the relationship. Property owned prior to and after the separation can be included in a property settlement. Liabilities will also be divided between the parties, whether they are held jointly or individually, such as:
- Debts
- Loans
- Tax
- Stamp duty obligations
Court Ordered Property Settlement
If the two parties cannot reach an agreement outside of Court, they can apply to have a court make an order on their behalf. A court will only make an order if it is fair and reasonable to alter the parties' property interests.
The Court follows the following five-step process to determine how property is to be split between the parties:
- Identify the existing legal and equitable interests of each party to the property;
- Determine whether it is equitable and just in the circumstances to make a property settlement order by reference to those established interests;
- Determine the direct and indirect financial and non-financial contributions (such as salary, care of children and homemaking) made by or on behalf of each of the parties as a percentage-based entitlement;
- Consider whether a further amendment to the percentage-based entitlement should be made, taking into account the future needs of the parties (such as care of children, health, financial resources, ability to earn) and
- Consider whether the result reached is a just and equitable result in all the circumstances.