Have the wheels come off your relationship?
elringtons has the solution to your family law matter.
The vast majority of people involved in a family law matter wish to settle and in fact do settle their disputes without taking the matter to court[1].
Our role as a family law solicitor is to properly inform our client about his/her rights, obligations and prospects and then to attempt to resolve the matter quickly, fairly and inexpensively through mediation and negotiation. Should your matter need to go to court elringtons will provide forceful and efficient representation.
Ring and speak with a Family Law Solicitor
When you contact us to make an appointment, we offer you the choice to speak to a family lawyer before our initial interview. Our family lawyer may answer some general queries, address possible misconceptions and perhaps begin to understand what your matter may be about. The information our family lawyer will discuss with you over the telephone will be generic in nature, we cannot, at that initial stage, give you comprehensive advice until we have full details of your situation.
Before your first appointment, we suggest that you read our article: Ten Questions to Ask your Family Lawyer at the Initial Interview and prepare the list of documents to bring to your initial Family Law Interview if you have them available. Read more…
Alternatives to going to Court
Do I have to go to court to get a family law settlement?
In the vast majority of cases former spouses settle outstanding matters such as property and children matters between themselves. The process to formalise an agreement reached between parties is relatively simple and inexpensive. Going to court is expensive and has, in a small number of cases, ended up costing tens of thousands of dollars when the outcome achieved does not justify it.
Many clients will have already reached an agreement to settle all outstanding matters with their former spouse by the time they see their lawyer. Our task then is to formalise that agreement legally. At elringtons we consider that an essential part of our role is to advise clients whether the agreement reached is appropriate or not. Read More … …..
Family Dispute Resolution
The family law system encourages parties to discuss and negotiate parenting arrangements and property settlements without resorting to taking the matter to court.
Family Dispute Resolution (“FDR”), is the legal term for services that help people going through separation to resolve their family disputes. It is a form of mediation. FDR can be useful for many areas of family law including issues relating to property, children, child support, and spousal maintenance.
Read More ….Parenting Plans
Parents involved in a family law dispute about a child are required to attempt to resolve the dispute via counselling /mediation. This is a compulsory requirement. Parties are encouraged to enter into an agreement in writing about the future care of their children, a “parenting plan”.
A parenting plan may cover numerous topics including
- The parent with whom a child is to live;
- the face to face time and telephone contact and other form of communication that a child is to spend with the other parent;
- the allocation of parental responsibility for a child;
- the process to be used for resolving disputes about the terms or operation of the plan;
- any aspect of the care, welfare or development of the child or any other aspect of parental responsibility for a child;
- the child support that a parent will pay the other parent. Read More….
Parenting Orders
A parenting order is a set of orders made by a court about parenting arrangements for a child. A court can make a parenting order based on an agreement between the parties (consent orders) or after a court hearing or trial. When a parenting order is made, each person affected by the order must follow it.
A parenting plan is not legally enforceable. A court must, however, look at your most recent parenting plan if you apply later for parenting orders that are different from the plan. Your parenting plan must have been signed and dated for the court to consider it.
Can Parenting Orders be Varied?
When there are existing court orders about the care of children such order may only be varied by a Court, after a formal application has been made. This is true irrespective of whether the Orders were made by consent or following a defended Court hearing.If a person wishes to vary existing children’s orders, he or she may formally ask the Court to review it.
Read More ….How much will it cost?
In the initial contact between a prospective client and a family lawyer, we at
elringtons provide estimates of costs which we then confirm in writing. Family law matters have clear stages or “Court events” and we confirm in writing the total estimate of costs for each estimate. We advise our clients very early in the negotiations process of a family law matter to make a reasonable offer of settlement in writing regarding all outstanding matters in dispute.
Throughout the life of their case, we invite our clients to communicate with us frequently about the up to date work in progress to ensure that the client is at all times making informed decisions including about the costs related to their case.
Read More….Our experienced solicitors can guide your through your family law matter no matter how complex. Our practice areas include:
- Separation and Divorce
- Child Support matters and Child support agreements
- Child Custody – Parenting Arrangements, Shared Custody, Custody Disputes
- Domestic Violence Matters
- Property disputes and settlements
- Relocation of Children
- Financial Agreements: pre nuptial and post nuptial binding agreements
- Alternative Dispute Resolution – Mediation, Collaborative law
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- Spousal Maintenance
- De Facto Relationships: Property and Financial Settlements
- Special medical procedure applications
- Surrogacy agreements and ART
- International Family Law matters
- Same-Sex Relationships
- Court representation in family law matters
- Adoptions
- Succession/estate planning and family law
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Family Law Terms Glossary – What do these words mean?
For more information or to make an appointment with a Family Law Solicitor in either our Canberra or Queanbeyan office contact:
Family Law Accredited Specialist
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[1] 95% of Matters Settle out of Court
