Family law

OUR GOALS

When it comes to family conflict, our approach at all times is to avoid tension between the parties and to try to settle matters by consent and by mediation where required. One of the most stressful and painful moments in a person’s life is when they experience family separation. Unfortunately, if your family law dispute ends up in court, these consequences are even worse. That is why, at Vinh Duong, going to court is always our last option for clients unless the case is urgent or someone’s safety is in danger.

Our goal is to provide you with professional legal services that are timely and cost-effective. We aim to be friendly, courteous, and approachable in our service to you. Your problem is our concern, as long as they’re unsolved, we are here with you.

OUR SERVICES IN FAMILY LAW

We are able to assist you with:

  • Applications for Divorce
  • Agreements & Consent Orders in respect to property and financial settlements
  • Parenting Orders – Residence Orders, Contact Orders and Specific Issues Orders
  • Urgent and Interim Orders
  • Apprehended Domestic Violence Orders (ADVOs)

Divorce process

Filing for divorce can be straightforward where there has been a separation between the spouses for 12 months or more, and one of the spouses is an Australian resident/citizen. There are more complex cases involving separation under the one roof, separation before 2 years of marriage, and where there are children involved.

Our approaches

We will discuss with you the:

  • Family Court’s requirements for filing the application for divorce.
  • Supporting documents required for applying for a divorce.
  • Service of court documents and whether you have to attend court or not.
  • Specific issues e.g. separation under one roof, proper arrangements for children.
  • Whether you are eligible for exemption from payment of court fees.

We will advise you how long it will take for the court process in your divorce matter and when your divorce will become absolute. We can also help you to shorten the time to obtain a decree absolute in special circumstances.

Parenting orders in family proceedings

A parenting order is a set of court orders regarding a child’s parenting arrangements. A court can issue a parenting order based on the parties’ agreement (consent orders) or after a hearing or trial. When a parenting order is created, it must be followed by everyone who is affected by it.

Our approaches

Both parents are responsible for the guardianship and care of children until the children turn 18 years of age. In a case where you cannot resolve your disputes over children with your partner, we can help you in applying for any of the following three main categories of parenting orders:

  • Residence Order – This determines which parent the child is to live with.
  • Contact Order – This determines the level of contact between a child and parent.
  • Specific issues order – This covers other aspects of parental responsibility such as the day-to-day care, long-term care, welfare, and development of the child.

Please remember that the Court is required to regard the best interests of the child as the paramount consideration in deciding whether to make a parenting order. We will be able to advise you what matters are considered to be in the best interests of the child when applying for a parenting order.

Urgent and Interim Orders in family proceedings

When parents can’t agree on arrangements for their children or property, the court must make an interim order before the final judgment can be reached. It allows pressing matters to be addressed, and the interim order remains in effect until a new court order is issued or the parties reach an agreement.

Our approaches

We can help you to make urgent applications with the Family Court of Australia, in cases such as:

  • Urgent application for a warrant in the situation where your child has been abducted by your partner or other person in breach of a residence, contact or specific issues order.
  • Non-molestation orders to restrain your partner from molesting, harassing or abusing you.
  • Apprehended domestic violence orders (ADVO) to protect you from fearing violence or harassment.
  • Exclusive occupation of matrimonial home.
  • Restraining property dealings.

Binding financial agreements in family proceedings

A binding financial agreement is a legal document that lays out how the assets of both parties in a relationship will be split if the relationship ends.

Comprehensive, open, and honest disclosure of each party’s assets and liabilities is required in this case to draft the best version of a binding financial agreement. If any side is dishonest, the Agreement may be invalidated.

However, please keep in mind that the binding financial agreements do not protect children; they only cover assets and liabilities. Within a relationship, children’s guardianship must be managed separately. Our team can advise you with more information about children’s guardianship in later stages.

Our approaches

These agreements form a binding legal agreement that are legally acceptable contracts between persons. There are different types of legal agreements:

  • Financial agreements before marriage, commonly referred to as prenup or prenuptial.
  • Financial agreements after marriage, commonly referred to as post-nup or post nuptials.
  • Financial agreements after divorce order is made.
  • Financial agreements before a de facto relationship.
  • Financial agreements during a de facto relationship.
  • Financial agreements after breakdown of a de facto relationship.

Before you marry, making a financial agreement that specifies how much money each of you will contribute to the marriage might be helpful in the long run. It might sound odd at first. Yet, It denotes the continued ownership of money and property, which you or your partner would regard as yours or the partner’s throughout the marriage, and even in the event of a divorce.

Any additional key concerns can be included in the agreement, Vinh Duong team will help you to determine what should be included in the Binding financial agreement.

SUMMARY

We understand the sensitivities surrounding family matters are sensitive and complex. We will work with you on resolving your legal issues where possible in a consensus manner to minimise conflict with your partner and to effectively finalise your affairs and help you to get on with your life. At Vinh Duong, we upheld professional standards, client confidentiality and the final results of your cases. Therefore, we will walk you through all aspects of your worries as well as your legal issues. We are here to help you and your family!

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