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Family Violence Lawyers.
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Domestic Violence is often relevant to a family law matter, whether the matter is a parenting dispute or a property dispute.
Domestic Violence
What is commonly referred to as Domestic Violence, is defined under the Family Law Act 1975 (Cth) ("the Act"), as Family Violence.
Family violence can take many forms. For the purpose of the Act, family violence can include assault, sexually abusive behavior, stalking, derogatory taunts, intentionally damaging or destroying property, denying a family member financial autonomy, withholding financial support, depriving a family member of his or her liberties, and/or exposing a child to any of the above behaviors.
If you have recently experienced family violence in your relationship, you should seek legal advice as soon as possible, about the effects of family violence in your family law matter.
Family Violence in Parenting Disputes
In a relationship categorised by family violence, when children are involved, it is common for the children to have been exposed to conflict between parents.
Regrettably, children often see and hear family violence and may be negatively affected by this exposure. If proceedings are commenced, the parties are required to file a Notice of Risk form, setting out the details of the child’s exposure to family violence.
The Courts can and often do take a cautious approach to parenting matters when faced with a matter that involves allegations of family violence, to ensure that the child or children are not at an unacceptable risk of being exposed to further family violence.
Family Violence in Property Settlements
If the Court finds that one party has been the victim of family violence throughout their relationship, that resulted in the victim’s contributions being more arduous than they would have been but for the family violence, then, the Court may attribute more weight to the contributions of this party, in those circumstances.
Further, if the violent conduct of one party has diminished or destroyed property and therefore the value of the property available for distribution between the parties, then that negative contribution may be attributed to the party responsible for the loss in value.
Relevance of Criminal Proceedings
If findings of guilt are made before the Criminal Courts in relation to allegations of domestic violence/family violence, those findings may be relied on should the matter be considered before the Family Court or Federal Circuit Court of Australia.
To speak with one of our experienced family lawyers or criminal lawyers about a charge or ADVO following an allegation of family violence/domestic violence, please contact our office.
Areas Of Family Law
We can assist you in any of the following areas of family law.
One of our team will be happy to answer any questions that you might have.
Separation
The end of a relationship can be difficult. If you have children the situation can be even harder. At Conditsis Lawyers we understand the impact that separation can have on you and your family. Our honest, practical and rational approach can assist in minimising your stress while we work to resolve your matter in a timely way.
The separation date or date of Divorce is important to note as time limits apply for you to commence proceedings before the Family Court or Federal Circuit Court of Australia. In the case of a de-facto relationship, you have 2 years following separation, and in the case of a marriage, you have 12 months following the date of a Divorce Order being made to commence property proceedings.
If you have not yet separated but think you are heading down the road to separating, make an appointment today to see one of our expert Family Lawyers so you can receive the right advice and information from an early stage.
Property Settlement
Do you know your rights regarding your property when your relationship breaks down? Have you accounted for all your assets including your home, superannuation, vehicles and other items of value? Do you know how to account for your financial or care-giving contribution over the years of your relationship?
If not, you may be jeopardising your financial future and security. The Family Law Act procedures for property settlements between married or de facto or same sex couples. We can provide independent legal advice in relation to the provisions of the law to your individual circumstances. At Conditsis Lawyers our experienced Family Law Solicitors can help you answer all of these questions and much more to ensure you achieve the fairest property settlement possible. An application to the court in relation to property settlement can be made after separation, thus enabling you to organise your life and make plans for your future.
For expert assistance in this complicated field, make an appointment with one of our experienced Family Law specialists today.
Child Custody
When you need help arranging parenting matters for the care and custody of your children the assistance of a Family Law Solicitor can be invaluable.
Due to amendments to the Family Law Act relating to children’s matters, the court must take into account two primary considerations. The first is the benefit to the child in having meaningful relationships with both parents, and the other is the need to protect a child from physical or psychological harm and/or exposure to abuse, neglect or family violence.
Separating parents can often reach an agreement about the day to day living arrangements for their children. However, if you are worried or cannot reach an agreement, contact one of our Family Lawyers in the early stages of separation. Our understanding, practical and competent team will give you the best insight to your rights and the tools you need to negotiate the best outcome for you and your children.
We can advise you of the parenting arrangements likely to be deemed appropriate by the court, and if required, we can organise mediation with a registered Dispute Resolution Practitioner. Our Family Lawyers are committed to avoiding costly and unnecessary courtroom appearances and will take all appropriate measures available to avoid going to court. However, if it does become necessary to attend court your Family Lawyer will stand beside you all the way to ensure the best possible outcome for your children.
De-facto relationships
When your de-facto relationship breaks down different rules may apply according to the date of your separation. For example, where separation occurs after 1 March 2009 you can apply to the Family Court for a property settlement under the Family Law Act. Same sex couples are also recognised as de-facto relationships provided certain criteria are met.
At Conditsis Lawyers our Family Lawyers and Solicitors have the necessary experience to advise you on all your rights and on the best way to protect your assets and obtain a fair outcome.
For expert assistance in this complicated field make an appointment with one of our experienced Family Law specialists today.
Financial Agreements
It is a fact of life that sometimes even the best of relationships can breakdown. Whether it’s the family home, your retirement nest egg or a large portfolio of assets a Binding Financial Agreement is an excellent way to protect you in the event of a relationship breakdown.
Financial Agreements were introduced in 2000 as part of the Family Law Act, to help people control their financial affairs without the need for expensive litigation in the case of a relationship breakdown.
The Agreement can be made before, during or after marriage or de-facto relationships and the terms can be amended at any time with the consent of both parties.
For expert assistance in this complicated field make an appointment with one of our experienced Family Law specialists today.
At Conditsis Lawyers our Family Law Solicitors have the experience necessary to advise you on your rights and whether or not a Financial Agreement is the best way to protect your assets and property.
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