Stephanie Hope
Stephanie Hope
Senior Associate
Stephanie comes to Melbourne Family Lawyers with over ten years of experience in family law, including both property and parenting matters. She has a wide breadth of experience, knowledge and success in negotiation, mediation, Family Dispute Resolutions Conference (FDRCs) and litigation (Court proceedings).
Stephanie has been successful in litigated matters but also prides herself in successfully negotiating favorable outcomes for most of her clients; sparing them from the financial and emotional burden of final trials.
Silvio Auditore
Solicitor
Alison Loach
Senior Associate
Giuseppe Rubino
Senior Associate
STEPHANIE HOPE
Senior Associate
KATHERINE SIOTOS
Solicitor
Hayder Shkara
Director
Related Articles & Cases
- IVO
- 5 Aug 2023
- Hayder Shkara
An Intervention Order is a Court Order made by a Magistrate in the Magistrates’ Court of Victoria against a person (the Respondent) who has committed family violence against a family member (the Aggrieved Family Member).
An Intervention Order can be made on an interim basis, based only on evidence from the Aggrieved Family Member.
The first notice the Respondent may have will be when he/she is served with the Interim Intervention Order by the Police.
Often a child will have also been included as a protected person under the Interim Intervention Order.
An intervention Order has the primary purpose of protecting a family member from family violence. Suppose the Aggrieved Family Member can give evidence that there has been occasion(s) of family violence and fears for safety.
In that case, a Magistrate will make an Interim Intervention Order against the Respondent without having heard the Respondent’s side of the story at that initial stage.
How To Beat an Intervention Order
After being served with the Interim Intervention Order, the Respondent has the following choices:
Do Nothing
Do nothing if you want the intervention order to be granted. If the Respondent does not attend court on the next appointed court date, the Magistrate makes the Interim Order into a Final Intervention Order, usually lasting at least 12 months or more.
Attend Court
If the Respondent is defending the Intervention Order, it can take many months (or even a year) for the Respondent to have the opportunity to give evidence in a final hearing of the case before a Magistrate.
Bearing in mind those delays, some Respondents decide to take an expedient approach and, at an early stage, consent to a Final Intervention Order without any admissions to finalise the court proceedings.
This means that you consent to the IVO without admitting that you did the things that the Applicant said you did.
Our IVO lawyers have also had success by writing to the police and persuading them to drop the intervention order.
If the dispute cannot be settled, then the lawyer can advise the best way the case should proceed.
How We Can Provide Assistance: How To Beat an Intervention Order
As a law firm, we were approached by Julian, who had recently gone through a divorce and found himself facing an intervention order filed by his ex-wife.
Claiming the order was wrongful, Julian sought our assistance in defending himself against the allegations.
We scheduled an in-depth consultation with Julian to gather all the relevant details of his situation.
We carefully listened to his side of the story, paying attention to the events leading up to the intervention order and any potential evidence he could provide to support his defence.
We worked closely with Julian to gather information that could challenge the allegations made by his ex-wife. This included text messages, emails, and witnesses who could corroborate his version of events.
Based on the evidence and Julian’s account, we devised a strong and compelling defence strategy.
We aimed to counter each claim against him and present a coherent argument during the intervention order hearing.
We guided Julian through the legal procedures, ensuring he understood what to expect during the hearing.
We successfully refuted the allegations against Julian. The court recognised the lack of substantial evidence and ruled in his favour, lifting the intervention order.
Defending an intervention order requires meticulous preparation and professional legal guidance.
By understanding your rights, and working closely with a skilled lawyer, you can present a robust defence during the intervention order hearing.
Remember, each case is unique, and seeking personalised advice is crucial to achieving the best possible outcome for your situation.
- Divorce
- 24 Jan 2024
- and Hayder Shkara
Navigating through a divorce can be a challenging experience for men. Key advice for men who are going through a divorce includes:
- Understanding your legal rights
- Maintaining a healthy relationship with your children
- Financial planning for post-divorce life
- Prioritising your emotional wellbeing and actively seeking support when needed
Each of these aspects plays a crucial role in managing the complexities of divorce.
1. Understanding Your Legal Rights and Responsibilities
Men need to be aware of their legal rights and responsibilities when going through a divorce.
This includes knowledge about property division, spousal support, and child custody. Familiarising yourself with your specific entitlements and obligations in these areas is key to protecting your interests and ensuring your rights are upheld.
🔑 Key Takeaway: Knowledge of legal rights is crucial in safeguarding your interests during divorce.
Also read: How to Expose a Narcissist in Family Court Australia: 4 Helpful Strategies
2. Maintaining Relationships with Children
For fathers, maintaining a positive relationship with their children is paramount.
To preserve a meaningful relationship with your children, it is important to prioritise the following:
- Staying Involved in Their Lives: This means being present for them both physically and emotionally. Spend quality time together and be involved in their daily routines.
- Effective Co-Parenting: If you are co-parenting, it’s crucial to take all steps to maintain a cooperative relationship with your co-parent. This involves clear communication, mutual respect, and a shared commitment to your children’s wellbeing.
- Shielding Them from Conflict: Children should not be exposed to adult conflicts, especially those between their parents. It’s important to resolve disagreements away from the children and not involve them in disputes.
- Understanding Their Developmental Needs: Be aware of their changing needs at different stages of their development. This understanding helps in providing appropriate support and guidance.
- Fostering Open Communication: Regularly check in with your children about their emotional well-being.
- Being a Positive Role Model: Children learn a lot by observing their parents. Displaying behaviours like empathy, kindness, and resilience teaches them to emulate these qualities.
🔑 Key Takeaway: Staying involved in your children’s lives, effective co-parenting and prioritising the children’s wellbeing helps maintain strong father-child relationships during and after divorce.
3. Financial Planning for Post-Divorce Life
Divorce often involves significant financial adjustments. It is important to assess your financial planning, including understanding the implications of asset division and managing budgets post-divorce.
Seeking advice from financial experts can be beneficial in navigating these changes.
🔑 Key Takeaway: Effective financial planning is key to managing the economic impact of divorce.
4. Prioritising your Emotional Wellbeing
Divorce can take a toll on mental health. Men are encouraged to prioritise self-care, which can include engaging in hobbies, maintaining social connections, and seeking professional counselling and support.
Taking care of your emotional well-being is essential for a healthy transition.
🔑 Key Takeaway: Self-care and emotional support are crucial for personal well-being during divorce.
Understanding Specific Divorce Laws for Men in Australia
In Australia, divorce laws are governed by the Family Law Act 1975, which applies uniformly nationwide.
These laws are designed to be gender-neutral, ensuring fair treatment for both men and women.
However, there are specific aspects that men, in particular, should be aware of:
Property Settlement and Financial Contributions
Australian law requires a fair and equitable division of property and assets during a divorce.
This includes not only tangible assets but also superannuation and other financial resources.
The division of property and assets after a divorce is influenced by several factors. These include how long the marriage lasted, the financial and non-financial contributions both partners made during the marriage, and the future needs of each individual.
For men, it’s important to understand how their contributions are evaluated in the settlement process.
🔑 Key Takeaway: Men should know how their financial and non-financial contributions are assessed in property settlements.
Child Custody and Fathers’ Rights
In matters of child custody, the law prioritises the child’s best interests. Fathers have the same rights as mothers regarding child custody and parenting arrangements.
The court encourages shared parental responsibility except in cases where this might not be in the child’s best interests, such as in situations involving family violence.
🔑 Key Takeaway: Fathers have equal rights in child custody matters, with the focus being on the child’s best interests.
Spousal Maintenance
Men may also need to consider the issue of spousal maintenance. This is financial support paid by one partner to the other post-divorce, mainly if there’s a significant disparity in financial circumstances.
The court considers factors like the age, health, income, and capacity for employment of both parties in determining spousal maintenance.
🔑 Key Takeaway: Understanding potential obligations or entitlements to spousal maintenance is important for men during a divorce.
Seeking Support and Guidance
Navigating a divorce can be overwhelming, and seeking legal advice and psychological support is important.
Emotional support can come from friends, family, support groups, or professional counsellors.
Having a support system provides emotional relief and practical advice during this challenging time.
- Custody
- 24 Apr 2023
- Hayder Shkara
Child custody can be a complex issue, especially when a child is under two years old. In Australia, the Family Law Act 1975 governs child custody matters.
When determining what is in the best interests of a child younger than two years old, the court considers several factors.
This article examines the laws considered in child custody cases involving child custody under 2 years old.
When determining child custody, the court always takes the child’s best interests into account. This means that the child’s safety, well-being, and development are the primary focus. The court looks at a range of factors to determine what is in the child’s best interests, including:
- The child’s relationships with the parents, grandparents, and other significant individuals
- The child’s age, development, and level of maturity.
- The capacity of each parent to provide for the emotional and physical requirements of the child
- The need for consistency and stability in the child’s care arrangements
- A history or current of family violence, abuse, or neglect
- Any additional relevant factors, including the child’s cultural background and special requirements
The Importance of the Relationship
The child custody law law in Australia acknowledges the significance of a child’s relationship with both parents.
This means that the court will consider how much time the child spends with each parent and what the nature of the relationship is like.
When a child is under the age of two, the court will consider the principal attachment figure or figures, who are typically the primary carer or carers.
This implies that the court will consider the child’s strongest attachment and primary carer.
Recommended Arrangement
Research indicates that frequent and consistent contact with both parents is generally considered beneficial for the development and well-being of infants and toddlers.
This is because infants and toddlers are still forming attachments to their primary caregivers, and maintaining these attachments is advantageous.
In their care arrangements, parents must also consider the child’s need for stability and continuity.
This implies that the infant must have consistent routines for them to feel secure and safe.
An example of a parenting arrangement for a child under 2 years old would be like this:
- The child lives with one parent and sleeps in one place;
- The child spends 3 hours a day, once every 2 or 3 days, with the other parent that the child does not live with.
In many instances, parents are encouraged to construct a parenting plan outlining the custody arrangements that are in the best interests of the child.
This plan can be formulated with the assistance of a mediator or child custody lawyer to ensure that it is fair and practical for both parents.
The Role of Parenting Plans
Parents who are separating can create a parenting plan to assist in determining child custody arrangements.
A parenting plan is a written agreement between parents outlining how they will divide parental responsibilities and make decisions regarding their child.
The Role of Mediation
Mediation is a common method of resolving child custody disputes in Australia. An impartial third party assists the parents in reaching an agreement during mediation.
When parents can not agree on arrangements for child custody under 2 years old, mediation can be especially beneficial, as the mediator can help them consider what is in the child’s best interests.
The Role of the Court
Alternatively, if parents cannot compromise on child custody, the family court can decide.
The court will consider the aforementioned factors and may appoint an independent attorney for children to represent the child’s best interests.
The optimal child custody arrangement for a child under the age of two will ultimately depend on the family’s specific circumstances and must prioritise the child’s protection, well-being, and development.
Disputes over child custody can be complicated, particularly when the child is younger than two years old.
The Family Law Act of 1975 governs child custody disputes in Australia and takes the child’s best interests into consideration.
For child custody under 2 years old, the court looks into the child’s primary attachment figure or figures and the need for stability and continuity in their care arrangements.
Parents can develop a parenting plan and engage in mediation to assist in resolving child custody disputes.
If parents cannot reach an agreement, the court will determine what is in the child’s best interests.
- Property
- 28 Feb 2024
- and Hayder Shkara
Gift vs Loan Family Law
Family law‘s distinction between a gift and a loan can significantly impact financial agreements and property settlements.
This differentiation is not just a matter of semantics but a critical factor in determining how assets are divided during legal disputes.
In Australia, family law courts examine financial transactions within families closely to determine if they are intended as gifts or if they need to be repaid as loans.
Understanding the nuances of gift vs loan is essential for anyone navigating these complex legal waters.
Understanding the Difference: Gift vs Loan
In the legal sense, a gift is a transfer of property or money from one person to another without the expectation of repayment.
For it to be recognised as a gift in family law, there must be clear evidence that the giver intended the transfer to be a gift.
This intention is often demonstrated through written documentation or the transfer’s circumstances.
Conversely, a loan is a transaction where one party provides money to another with the expectation of repayment, either with or without interest.
In family law, for a transaction to be considered a loan, there must be an explicit agreement—ideally documented in writing—outlining the repayment terms.
Key Takeaway 🔑: The main difference lies in the intention behind the transaction and the expectation of repayment. Clear documentation can significantly aid in distinguishing between the two.
Legal Implications in Property Settlements
Classifying a transaction as either a gift or a loan has profound implications in family law property settlements.
If a financial contribution is deemed a loan, it will need to be repaid alike other liabilities.
On the other hand, if a financial contribution is considered a gift, it often becomes part of the recipient’s total assets.
Courts examine various factors, such as the presence of a formal agreement and any evidence of repayments, to determine the nature of the transaction.
Key Takeaway 🔑: The distinction affects how assets are divided in legal disputes, with documentation playing a crucial role in court decisions.
Documentation and Evidence: Protecting Your Financial Interests
The importance of clear documentation cannot be overstated in family law. Written agreements such as loan contracts can clarify and protect all parties’ interests.
Without such evidence, courts must rely on the testimony of the parties and the surrounding circumstances, which can lead to uncertain outcomes.
Key Takeaway 🔑: Proper documentation is essential for proving the nature of financial transactions and safeguarding your interests in legal proceedings.
Given the complexities surrounding gifts and loans in family law, seeking legal advice is highly advised.
A family law specialist can help you understand your rights, the implications of financial transactions, and how to best document them to reflect your intentions.
Key Takeaway 🔑: Professional legal advice is invaluable in navigating the grey areas of gifts and loans, ensuring your financial contributions are accurately represented in legal contexts.
- Prenups
- 1 Jul 2023
- Hayder Shkara
Online Prenuptial Agreements: A 4-Point Comprehensive Guide
Entering into a marriage is a significant life event, and it is wise to consider all aspects, including the legal implications. A prenuptial agreement protects your assets and outlines your financial expectations in Australia.
With the rise of technology, online prenuptial agreements have become an accessible and convenient option for couples. This article will delve into online prenuptial agreements and shed light on the legal framework surrounding them in Australia.
Understanding Prenuptial Agreements
A prenuptial agreement, often called a “prenup” or a “financial agreement,” is a legally binding document a couple creates before they marry or enter into a de facto relationship.
It establishes how the couple’s assets, debts, and finances will be divided during a separation or divorce. Prenuptial agreements can be highly beneficial, providing peace of mind and minimizing potential disputes and uncertainties.
Online Prenuptial Agreements in Australia
As technology has advanced, the availability of online platforms and services has expanded into the legal sphere. Online prenuptial agreements allow couples to create legally binding agreements conveniently from the comfort of their own homes.
However, ensuring that the online platform chosen for creating a prenuptial agreement is reliable, secure, and compliant with Australian laws is crucial.
Legal Requirements for Prenuptial Agreements
To be valid and enforceable, prenuptial agreements in Australia must adhere to specific legal requirements. These requirements include:
- Independent Legal Advice: Before signing the agreement, each party needs to obtain independent legal advice. This ensures that both individuals understand the agreement’s implications and their rights.
- Voluntary Agreement: Both parties must agree voluntarily, without coercion or duress.
- Full and Frank Disclosure: Both parties must completely and honestly disclose their financial circumstances. Please disclose relevant information to ensure the agreement is valid.
- Certification: Each party’s lawyer must provide a certificate stating that they provided advice on the agreement, including the rights, advantages, and disadvantages of signing it.
Enforceability of Online Prenuptial Agreements
Online prenuptial agreements are generally enforceable in Australia, provided they meet the above legal requirements.
When assessing the enforceability of a prenuptial agreement, the court considers factors such as:
- The financial circumstances of each party at the time of the agreement’s creation and at the time of separation.
- Whether the agreement meets the needs of each party and any children involved.
- The duration of the relationship and marriage.
- Whether the agreement was entered into freely and adequately understood by both parties.
- It is recommended to consult with a qualified family lawyer to ensure that the prenuptial agreement meets all legal requirements and increases the chances of enforceability.
How We Can Help You
We recently assisted Julia and Steve, a couple seeking help with their prenuptial agreement.
Our lawyers explained the legal requirements and emphasized the importance of full disclosure.
With our expertise, Julia and Steve completed their prenuptial agreements, establishing a secure foundation for their future marriage.
Grateful for the firm’s exceptional service, the couple embarked on their new journey with confidence and peace of mind.
Always Seek Legal Advice
Online prenuptial agreements provide couples in Australia with a convenient and efficient way to protect their assets and outline financial expectations before marriage or entering into a de facto relationship.
By understanding the legal framework and consulting with professionals, couples can safeguard their financial interests and establish a solid foundation for their future together.
- Property
- 6 Mar 2024
- and Hayder Shkara
Who Is Liable for the Mortgage During a Separation?
Navigating the financial waters of separation can be challenging, especially regarding shared responsibilities like a mortgage. In Australia, the question of “who is liable for the mortgage during a separation” doesn’t have a one-size-fits-all answer.
Generally, both parties remain responsible for the mortgage unless a formal agreement or court order states otherwise.
This means that even during a separation, the obligation to meet mortgage payments typically falls on both parties, reflecting their joint commitment when the mortgage was initially taken out.
Understanding Mortgage Liability Post-Separation
When a couple decides to separate, the mortgage on a jointly owned property remains a shared responsibility.
This is because the mortgage contract was entered into jointly, making both parties equally liable to the lender.
It’s crucial for separating couples to communicate and negotiate who will continue making the payments to avoid defaulting, which could negatively impact both parties’ credit scores.
🔑 Key Takeaway: Both parties are generally liable for the mortgage during a separation, highlighting the importance of communication and negotiation.
Negotiating Mortgage Payments
Negotiating who pays the mortgage after separation is vital. Some couples agree that the person remaining in the family home will take over the mortgage payments.
Others may continue sharing the responsibility until the property is sold or refinanced. Formalising any agreement through a legal document is essential to protect both parties financial interests.
🔑 Key Takeaway: Negotiation is critical to determining who will pay the mortgage post-separation, with the outcome needing legal formalisation.
Legal Considerations and Agreements
In some cases, couples might not reach an agreement on their own. When this happens, legal intervention through family law courts can determine who is responsible for the mortgage payments.
Courts consider various factors, including each party’s financial capacity, the property’s use, and the children‘s needs, if any. Legal agreements or orders can then specify the payment responsibilities.
🔑 Key Takeaway: Legal intervention can determine mortgage payment responsibilities, considering various personal and financial factors.
Impact on Property Settlements
Handling mortgage payments during separation can significantly impact the final property settlement.
Consistent mortgage payments by one party can affect how assets are divided. It’s important to keep detailed records of payments made throughout the relationship and during this separation period.
🔑 Key Takeaway: Mortgage payments during separation can influence property settlements, making detailed record-keeping crucial.
Protecting Your Credit Score
Regardless of any personal agreements, the lender views the mortgage as a joint debt. Missed payments can affect both parties’ credit scores.
Engaging with the lender early on is essential to discuss any potential payment difficulties and explore options like hardship variations or refinancing.
🔑 Key Takeaway: Protecting your credit score requires communication with the lender and possibly renegotiating the mortgage terms.
Seek Legal Advice
Determining who is liable for the mortgage during a separation in Australia requires careful consideration, negotiation, and sometimes legal intervention.
Both parties’ willingness to communicate and reach a fair agreement plays a crucial role in managing this shared responsibility. Remember, protecting your financial interests and credit rating during this challenging time is paramount. Legal advice is essential for helping you to understand your options and make informed decisions.
🔑 Overall Key Takeaway: Navigating the responsibility of mortgage payments during a separation in Australia is a complex process that hinges on mutual agreement, legal considerations, and financial planning.
Both parties must actively communicate and seek legal advice where required to ensure that decisions made do not adversely affect their financial future.
Understanding that both parties are generally liable for the mortgage, exploring negotiation avenues, and protecting one’s credit score are pivotal steps toward achieving a fair and manageable outcome.
Remember, every decision made during this period can significantly impact the final property settlement and each party’s financial well-being. It is therefore crucial to approach this situation with careful consideration and informed strategies.
