LEGAL SERVICES
Welcome to our Family Law Services page, where we offer expert legal guidance and support to help you navigate the complexities of family matters with confidence and peace of mind.
Separation and Divorce
We provide compassionate and expert guidance to help you navigate the legal and emotional complexities of separation and divorce, ensuring your rights and interests are protected throughout the process
Separation occurs when parties cease living together as a couple, while divorce is the formal legal termination of a marriage. Divorce requires an order from the Federal Circuit and Family Court of Australia, granted under the Family Law Act 1975, after the Court is satisfied that the couple has been separated for at least 12 months and the relationship broken down irretrievably. If your circumstances involve unique challenges, such as demonstrating separation while maintaining shared living arrangements, we can provide tailored advice to address these complexities and ensure your application meets the Court’s requirements.
Matters involving children or property requires separate arrangements, and the Court must be satisfied that proper care and welfare arrangements for children under 18 are in place before granting a divorce order. We can help you explore family dispute resolution options to achieve amicable outcomes or provide expert advice if court proceedings are necessary.
Whether filing a joint or sole application, responding to a divorce or negotiating property settlements, our team is here to guide you through every step of the way. Our team of practitioners are committed to providing solutions tailored to your needs during this challenging time.
Property Settlement
Our practitioners understand the complexity involved in dividing property following separation. Whether you are in the early stages of negotiation, or need a settlement agreement to be legally documented, we will advise and support you throughout the process.
The division of assets, liabilities and superannuation entitlements becomes an important consideration when separating from a former partner.
At Canterbury Family Law, we will guide you through the Family Law property settlement process. Our practitioners have significant experience in assessing the relevant factors in a property settlement and will provide you with practical advice throughout each stage of your family law matter. In the event you need an updated valuation of real property and/or business interests, we have well-established connections with professional services that can provide you with a valuation report.
It will be our aim to work with you to reach an agreement without recourse to Court proceedings. Where we assist you in reaching an agreement, our practitioners will ensure the settlement is documented. If issuing Court proceedings is to your strategic advantage or necessary in all the circumstances, we will lean on our years of experience and professional contacts to achieve the best possible outcome.
Child Support
Managing child support and child maintenance can be challenging, especially in complex situations. Our firm provides expert advice and support to help you navigate the process with confidence.
Child support provides financial assistance for children under 18, while child maintenance applies to adult children in specific circumstances, such as those still in full time secondary or tertiary education. These arrangements are primarily managed through Services Australia under the Child Support (Assessment) Act 1989 (Cth), which calculates payments based on factors including each parent’s income, the care provided, and the child’s age. Payments can be transferred privately between parents or managed by Services Australia, which is often a more practical option in situations involving non-carers, second families or parents living overseas.
Parents can also formalise arrangements through limited or binding child support agreements. Limited agreements offer flexibility and do not require legal advice, while binding agreements are more formal and require independent legal advice to ensure both parties understand their rights and obligations. Changes in financial circumstances or government benefits can also affect child support amounts, and navigating these adjustments can be challenging without professional guidance.
Our experienced team is here to assist you at every stage, whether you need advice on assessments, agreements or disputes with Services Australia. We are committed to helping you understand your legal rights and responsibilities while ensuring your child’s best interests remain the priority.
Children’s Care Arrangements
Our practitioners recognise that creating children’s care arrangements after separation is deeply personal and often a complex process. We provide clear advice and support to help you formalise arrangements which prioritise your child’s wellbeing and provide stability to your family environment.
Determining children’s care arrangements after separation is a complex and important process that requires careful consideration of the child’s best interests.
Care arrangements can be formalised in three ways: informal agreements, parenting plans, or parenting orders (including consent orders). Informal agreements are flexible but not legally binding. Parenting plans are written agreements that outline care arrangements, such as where the child will live and how much time they will spend with each parent. While not enforceable by law, parenting plans can be an effective way to document agreements, and we can provide tailored advice to ensure your plan reflects your family’s needs.
Parenting orders, including by consent, are legally binding and enforceable by the Court. Consent orders formalise agreements reached between parents, while parenting orders are issued by the Court when parents cannot agree. Our practitioners can assist you in negotiating agreements, applying for parenting orders, and preparing the necessary documentation to ensure your child’s best interests are prioritised.
Our practitioners are committed to guiding you through this challenging time with compassion and professionalism, helping you achieve stability and security for your family.
Third Parties in Family Law Matters
Our practitioners have extensive experience in representing third parties whose rights or responsibilities are affected by family law proceedings
In family law disputes, third parties including individuals, businesses or government agencies not directly involved as parties, may still be significantly affected. These situations most commonly arise in parenting and property cases, where third parties may have their rights, interest or liabilities altered by court order. Such parties must be formally joined to proceedings to ensure their interests are properly considered and protected
At Canterbury Family Law, we understand the complexities third parties face in family law matters. Whether you are considering applying to be joined as a party to proceedings or have added by a party to the proceedings, we can help navigate the process. Our team will work closely with you to understand your legal rights and responsibilities, assess the potential impact on your interest and provide tailored advice to protect your position.
With our experience and commitment to achieving the best outcomes, we are here to provide the support and advice our clients need to protect their interest and navigate the legal process with confidence.
Family Violence
If you are facing family violence, our dedicated team will provide the legal expertise and compassionate support needed to help you regain safety and control over your situation
Family violence includes a range of harmful behaviours that can lead to individuals feeling unsafe, threatened or vulnerable within their own family environment. It may involve physical, sexual, emotional or financial abuse, as well as other actions that undermine a person’s wellbeing.
Our team understands the difficulties involved in seeking protection or navigating family violence matters. Whether you are considering applying for a Family Violence Intervention Order or need advice on your rights and responsibilities, our experienced practitioners will guide you through the process. We will explain the conditions of an FVIO, including interim and final orders, and help you understand how these orders can provide the protection you need.
Our priority is to provide you with clarity, confidence and legal support needed to move forward. We are committed to helping you achieve a resolution that prioritises your safety and wellbeing, while addressing the unique challenges of your situation with care and professionalism.
Wealth Protection in Future Relationships
Our team of family lawyers can help you protect your future financial position in the event of separation.
A Binding Financial Agreement is a legal document between parties to a relationship that sets out how property interests will be divided in the event of separation. These agreements can be entered into at various points in your relationship and whether you are in a marital or de facto relationship.
At Canterbury Family Law, we understand that entering into a Binding Financial Agreement might be a difficult conversation to have with your partner. Our experienced practitioners will offer you specialised advice regarding the terms you might want to consider implementing into your agreement and we will work to draft an agreement that reflects how you wish to manage your affairs in the event of separation.
A Binding Financial Agreement must be signed by both parties who have each received independent legal advice to be binding. Our team will take the time to inform you of the effect the agreement will have on your rights and the advantages and disadvantages of entering the agreement.
Dispute Resolution in Family Law
Dispute resolution refers to methods that enable parties to resolve their legal conflicts. This broad term encompasses negotiation through lawyers, collaborative practice, conciliation, mediation (including Family Dispute Resolution, or FDR), and arbitration.
The Federal Circuit and Family Court expects parties to attempt to resolve disputes through compromise, discussion, and dispute resolution, provided it is safe to do so and urgent exceptions do not apply. Before filing an application for court proceedings, both parties are expected to have engaged in appropriate services and made efforts to resolve the dispute through other means.
For parenting matters, such as parenting orders, it is mandatory to have engaged in Family Dispute Resolution (FDR) and obtained a certificate from the FDR practitioner before applying to the Court. However, if seeking a divorce or annulment, dispute resolution is not required.
Dispute resolution is an affordable, timely option that can help resolve conflicts and prevent future disputes, giving you greater control over the process and outcome. The various forms of dispute resolution—such as FDR, family counselling, post-separation parenting programs, and arbitration—can be difficult to navigate. At Canterbury Family Law, we are experienced in these processes and can advise you on the most suitable options for your situation.
In Family Dispute Resolution (FDR), a trained practitioner assists you and the other parties in identifying and considering options, with the goal of reaching an agreement to resolve some or all of your concerns. This process takes place through a Dispute Resolution Conference. FDR can be conducted outside the courts with organisations such as Victoria Legal Aid, or it can be court-based. It is important to note that only court-based FDR conferences are legally guaranteed to be confidential and comply with the Family Law Act 1975 (Cth).
A court-based Family Dispute Resolution (FDR) conference consists of two parts, though the overall time frame is not fixed.
Part 1 involves a phone meeting with the Registrar, who will explain the process and any next steps, such as documents you may need to bring to Part 2. If you have legal representation, they must attend this session with you.
In Part 2, both parties and their legal representatives meet with the Registrar, who will outline the process and begin substantive negotiations.
Both stages are privileged, meaning that statements made cannot be used in court, except in certain cases (e.g., suspected child abuse or threats of harm). All discussions are confidential unless exceptions apply.
If an agreement is reached, the Registrar will issue interim or final orders. If no agreement is reached, the matter will proceed to the next stage of the Court process.
Whatever legal advice you require - whether regarding dispute resolution options, legal representation during an FDR conference, or initiating a legal hearing before the Court - Canterbury Family Law understands that negotiations can be a stressful and challenging process. We are here to guide you through every step, helping to bridge disputes and achieve a final resolution.