Family Lawyers Cheltenham

Family Lawyers Cheltenham

 

Protecting Your Family’s Future: How Family Lawyers Cheltenham Can Help

 
 Cases involving family law can be particularly challenging. That’s because of the emotional complexity of family conflicts and challenges. 

The top legal counsels at Family Lawyers Cheltenham in Melbourne are here to help you.

Contact Family Lawyers Cheltenham immediately to discuss your case with one of our compassionate and experienced advocates. 

For years, we have assisted families in and around Cheltenham with various family law matters.

Melbourne’s family law lawyers at Family Lawyers Cheltenham have extensive expertise, extensive knowledge, tenacity, dedication, and empathy. 

We will ensure you are kept in the loop with just enough information.

Family Lawyers Cheltenham

At Family Lawyers Cheltenham, Our Family Law Firm Focuses On The Following Practice Areas

Family Lawyers Cheltenham

Family Lawyers Cheltenham: On Divorce Matters

The Federal Circuit and Family Court (the Court) handles divorce proceedings in Australia per Part VI of the Family Law Act 1975

Divorce in Australia can be filed regardless of who was at fault. This indicates that the reasons for the marriage’s dissolution are irrelevant to the divorce decision. 

Neither party has the burden of proof that the other’s actions led directly to the divorce. 

After that, the divorce case can proceed on issues like dividing assets, determining spousal support, and handling custody of any minor children.

Family Lawyers Cheltenham: On Property Division

When couples part ways, legally or not, they must often devise a plan for dividing their assets and liabilities.

If you and your ex-spouse or -partner can talk things out independently, that’s ideal. Waste of money, time, and stress may all be avoided by just coming to your own agreement.

After a divorce, there are a few options for dividing up the cash:

  • To make your agreements legally binding, you might make a financial agreement or file for consent orders.
  • Whenever you are in a disagreement about an issue, mediation or conflict resolution can assist you in coming to an agreement.
  • If you and your husband or de facto partner can’t agree on dividing your assets and paying for maintenance, you can ask the court to make those decisions for you.
Family Lawyers Cheltenham
Family Lawyers Cheltenham

Family Lawyers Cheltenham: On Spousal Maintenance

If your spouse or ex-de facto partner can’t cover their own fair living expenses with their income and assets, you must help them financially under the Family Law Act of 1975.

Each party has the same obligation to help keep the other alive and well whenever possible when a need arises. 

This responsibility may persist even after the couple has divorced or separated. The other party’s financial capability will determine the degree of the help.

At Family Lawyers Cheltenham, we help divorcing spouses calculate a fair amount of spousal maintenance based on the specifics of their marriage. 

Whether your case can be progressed amicably or you need to prepare for a legal challenge in court, we are the team you can trust.

Family Lawyers Cheltenham: On Child Support

The goal of child support is to ensure that a kid has access to the needs of life. Having a place to sleep, food to eat, and clothing to wear are all essentials.

In particular, the Court will take into account the following costs when establishing a child support obligation: 

  • housing (mortgage or rent), 
  • food (groceries and household expenses), 
  • transportation (insurance and gas), 
  • personal care (clothing and grooming), 
  • recreation (entertainment and vacations), and 
  • any other costs necessary to provide the child with the same standard of living as would have existed had the parents remained together. 

Additional payments may be required from either parent in addition to the standard child support payment under certain circumstances. Expenses like this might include:

  • tuition, 
  • insurance premiums, 
  • uninsured medical costs, 
  • childcare, and 
  • even after-school activities.
Family Lawyers Cheltenham
Family Lawyers Cheltenham

Family Lawyers Cheltenham: Parenting Responsibility

The Family Law Act defines parental responsibility as all the legal rights, obligations, powers, and control a parent has in connection with their children. 

In most cases, both parents can agree on how to divide up the care of their children. A parenting plan is one possible informal form of this agreement. 

parenting plan is an agreement between parents outlining the day-to-day schedule of raising a child, such as:

  • visitation, 
  • residential schools, and 
  • extracurricular activities. 

When one or both parents have doubts about the viability of the current living situation, a Parenting Plan can help put their minds at ease. 

They just need to give the proposed solutions a trial run to determine if they work. Parents who cannot agree regarding parenting issues may seek the help of a family dispute resolution service.

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What Do I Do If We Can’t Agree On Parenting Arrangements For The Children?

Family Lawyers Cheltenham

Parental responsibility under the Family Law Act is shared equally between parents until the kid turns 18. This holds true whether or not you have reconciled as a family.

A parenting plan is a low-cost and friendly approach to put down the guidelines if it is functioning properly and both parents adhere to the plan. 

However, the deviation of either parent from the parenting plan might cause serious issues. A parental plan has no binding legal effect.

Joint applications to the Family Court for Consent Orders addressing parenting are the best approach to attain clarity when parents desire to establish long-term parenting arrangements.

Consent Orders issued by a Family Court are binding once they have been issued. 

So, if one parent is in violation of the Consent Orders, the other parent can file a Contravention Application. They can ask the Court to take action against the offending parent.

Parents must use family dispute resolution services unless an Intervention Order is in place. They should do it to try to work out their differences in parenting. 

Consent Orders in the Family Court can be established if an agreement is reached. The Family Dispute Resolution Practitioner may issue a Certificate under Section 60I of the Family Law Act if agreement cannot be achieved. 

In most cases, a certificate of good standing is necessary to file a petition for a parenting order in either the Family Court or the Federal Circuit Court.

You should see a lawyer as soon as possible after a divorce or legal separation if your children are involved. 

At Melbourne Family Lawyers, our knowledgeable attorneys will explain your rights and help you through the process. 

Getting expert guidance early on is smart if you want to ensure your actions won’t derail your progress. Get the top legal counsel in the area of family law.

Client Reviews

From the very first phone call I have been extremely impressed with the level of expertise, care and responsiveness. Having had 6 months of delays, poor communications and mistakes with another firm, it was an overwhelming relief to have a conversation with Hadyer, and then Guiseppe. They went out of their way to understand my case, and quickly distilled how they would take this on - both in terms of next steps and overall strategy. Information on their cost structure was simple and transparent. In a time of extreme stress, its great to not only get expertise, but also care and empathy, and realistic advice. Following on from my rubbish experience at a different firm, I did extensive research and spoke to many other firms. It would be very hard to go past Hayder and Guiseppe. You will be in good hands. Completely, whole heartedly recommend! Thankyou!
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The Mino W
24/03/24
The team's expertise and genuine care for their clients is unparalleled, making them the go-to firm for all your legal needs.
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Irene Casucian
13/09/23
The service I received was truly exceptional - it combined expert legal advice with a professional and compassionate approach. This was all the more remarkable considering the challenging and frustrating situation at hand.
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Leanne Fish
13/09/23
Thank you to the team for their continuous support, and for handling my situation with empathy and professionalism. Wasn’t sure where to go, really glad I turned to you all for the right legal advice.
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T M
06/09/23
Thankyou to Penelope and the entire team of Melbourne Family Lawyers in assisting me in all aspects of my issues. Penelope was very understanding and absolutely professional in every manner through the entire legal process ensuring a great outcome. Totally recommend Penelope and the team at Melbourne Family Lawyers, honest, profession and totally understanding.
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Claud Mangifesta
15/04/23
The initial free consultation was very worthwhile and informative, with frank discussion of my situation. I was very appreciative that this could be organised within a few days of making contact.
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Ryan W
08/11/22