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Overview

Our family law team is headed by accredited specialists Donal Minehan and Kylie Holmes. Together they have had over 40 years' experience in advising clients about family law issues.

Donal and Kylie encourage their clients to attempt to solve family law disputes by negotiation and alternative dispute resolution procedures such as mediation. They can assist in advising in all aspects of family law including disputes regarding children, property disputes, de facto relationships, child support and pre-nuptial agreements. They are caring and reliable and will act in your best interests in a cost effective way.

Click on the below link for:
	Separation Advice
	Divorce Applications
	Children's Issues
	Child Support
	Cohabitation and Pre-Nuptial Agreements
	De Facto Relationships
	Property Settlements

Separation Advice

The breakdown of a marriage can be a very emotional and turbulent period in a person's life. It is a time when caring professional advice can be invaluable.

We can help by providing you with confidential advice prior to or after separation so you can make important decisions which will affect your future life. We can also refer you to other appropriate professional advisers such as counsellors, mediators, financial planners and accountants who can assist you during this difficult period.

Divorce Applications

You can apply for a divorce after you have been separated for 12 months. In some circumstances, you can be separated although living in the same house.

A Divorce Application can be made to the Federal Magistrate's Court. If there are children under 18 years, the person applying is required to attend Court and the Court must be satisfied proper arrangements are made for the children. The divorce becomes final one month after a Decree Nisi has been granted by the Court.

Children's Issues

The Family Court can make orders relating to the care, welfare and development of the children. These orders usually provide that the children live with one of their parents and spend time with the other parent. However, other persons such as grandparents can make an application in relation to the living arrangements for children. The Court considers the best interests of the children as the paramount consideration.

The Family Court can make orders for children regardless of whether the parents were married.

We can provide you with advice as to likely outcomes if the matter proceeds to Court and can assist in directing you to counselling, mediation and other professional advisers to assist yo to resolve the living arrangements for the children.

Child Support

An application for child support can be made to the Child Support Agency. The amount of support payable is based on a formula set out in the Child Support Legislation. It is based on the number of children and the incomes of both the parents.

We can assist you by advising you how to make an application and also advise you whether you have any grounds to ask for a review of the assessment made by the Child Support Agency.

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Cohabitation and Pre-Nuptial Agreements

You can now come to an agreement with your partner to regulate your financial arrangements during your relationship and in the event it should break down.

If you are not married, you can enter into an agreement under the Property (Relationships) Act called a Cohabitation Agreement. If you are married or intend to marry, you can enter into a Financial Agreement under the Family Law Act. These Acts require both parties to be independently advised before entering into either agreement.

We can assist you by advising on the range of matters that can be included in an agreement and can prepare the agreement on your behalf.

De Facto Relationships

The State Government has passed an Act called the Property (Relationships) Act which allows the State Courts (Supreme Court, District Court and Local Court) to make orders adjusting the property of people who have been residing together. This now includes all couples in a bona fide domestic relationship, including gay and lesbian couples.

We can assist by advising you on the factors the Court is likely to take into account and assist you to resolve the matter by negotiation or Court process.

Property Settlements

The Family Court can make orders for property settlement. The factors to be taken into account in working out what a spouse may be entitled to in a property settlement are often involved and complex.

The Court will first determine what the assets of the marriage are and their value. Next, the Court will consider what contributions the parties have made to the acquisition, improvement and maintenance of those assets, both direct and indirect, and whether the contributions are of a financial nature or are non-financial. Lastly, the Court will consider making orders adjusting property interests taking into account a number of factors such as the parties' age, state of health, earning capacity, the length of the marriage, financial commitments and the care of any children.

We can assist you by giving you advice on likely outcomes in Court and negotiate on your behalf to assist in resolving the matter.

If Court proceedings eventuate, we will attend Court and compulsory conferences with you and assist to settle proceedings in a timely and cost effective manner.

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Sutherland

02 9589 6666


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