Family Lawyers Tweed Heads & Gold Coast
When it comes to divorce, you need to get the right advice and legal representation from professional solicitors in Tweed Heads & Goldcoast. Save U Legal family lawyers in Tweed Heads have experience in all aspects of separation and divorce for married or de-facto couples.
Do I need a divorce?
The thing about divorce is that people tend to use the word widely when expressing a relationship breakdown. So some people mean the actual divorce – that is the official decree as made by court that the legitimate marriage is over. Others use it as an all-encompassing phrase meaning the separation of the couple which involves not only the official divorce but also arrangements around what happens with the children and the split up of the assets and properties of the husband / wife partners or same sex couple. If in doubt about if you need a divorce contact a family lawyer near you to help with some professional advice.
Anytime you’re talking to a law firm you should make sure that they know exactly what you are wanting to achieve. The three primary areas in relation to family law are children’s matters; property settlements; and the official divorce. Often, people get confused around what they actually need in family law and believe that a property settlement refers to the buying or selling of a house. When family lawyers talk about a property settlement we talk about the division of assets and liabilities between the parties i.e. husband and wife or de-facto partners which might not include that house but also usually takes into account things like dividing superannuation; bank accounts; vehicles and other assets as well as debts.
Then there are those clients who know exactly what they want – a divorce. Usually they are so angry or upset that this is more important for them than anything else and our family lawyers need to help. Two points to note.
1. You cant get a divorce until you have been separated for 12 months. No family lawyer can help, unfortunately.
2. You should be aware that AFTER the divorce you only have 12 months to file an application to a court to conduct a property settlement. The Law places a time limit.
It is always our advice to deal with the property settlement first – THEN get the divorce. That way you don’t run into any issues of running out of time.
Our Lawyers at Save U Legal Tweed Heads and Gold Coast can guide you through the myriad of family law issues and assist you to get to the destination you need. Take advantage of our free consultation for family law matters so that we can give you a quick rundown as to your options. Contact our office and speak with our family lawyers for more information.
Family Law Tweed Heads & Gold Coast: Parenting Arrangements for Children
Undoubtedly the worst part of any relationship breakdown is issues surrounding children. This area of law often becomes a battleground with emotions running high and the children being used as ammunition. At Save U Legal we understand what you are going through and are there to help you separate the emotion from the facts. We proudly help residents in Tweed Heads NSW 2485 and beyond and our family lawyers are ready to help.
Our policy is to always take a pragmatic approach in relation to parenting and children’s issues whilst being mindful of the most important aspect; “what’s in the best interest of the children”.
Before you start proceedings in the Family Court there is a requirement that you undertake or at least attempt to undertake mediation of some form. These provisions were introduced to attempt to have parties genuinely negotiate an agreement prior to filing for court orders. The Family Law Act makes it compulsory pursuant to s 60i to attend dispute resolution unless there are exceptional circumstances. The exceptions include;
- Where parties are applying for consent orders (i.e. they have already reached an agreement)
- Where there has been child abuse or a risk of child abuse by one of the parties
- Where there has been family violence, or there is a risk of family violence by one of the parties
Let our solicitors at Save U Legal guide you through the whole parenting dispute process.
Family Law Tweed Heads: Property Settlements
This is another situation where emotions run high. People work hard for their assets over a long period of time and understandably do not want to lose money or assets at this time of relationship breakdown and our family lawyers can help protect what you’ve worked hard for.
Let’s be honest, one of the best ways to preserve your assets is not to spend them or the money they represent on family lawyer, barristers or court fees. At Save U Legal our family lawyer’s will always approach any property dispute from the sensible point of settlement rather than litigation. We pride ourselves on our common sense advice and will give it to you straight in relation to what we think you are entitled to. If you want to go to war just to get back at your ex – partner, then Save U Legal is not for you.
Before coming to see us in relation to a property dispute in the family law tweed heads realm, it will help to gather as much information as possible in relation to your finances. As well as of being assistance to your case, you are under an obligation by virtue of the Family Law Rules in financial cases to make full and frank disclosure of all of your assets, liabilities and financial resources including superannuation and trust assets. Don’t feel bad about bringing all of your statements and tax returns to us… we are very used to it, and they can be very helpful in family law cases in Tweed Heads.
Family Lawyers: Domestic Violence
In recent times there has rightly been an increased focus on domestic violence in the media in Australia. Recent statistics reveal that nearly 80% of all legal aid family law cases involve domestic or family violence with on average one woman per week being killed as a result of intimate partner violence.
Our Family law solicitors and criminal lawyers at Save U Legal can assist in obtaining a DVO (Domestic Violence Order) Note: if actual violence has occurred then the police should be involved immediately where it is more appropriate for the police to bring an application for such an order.
The making of an Apprehended Violence Oder against a person is not a crime, however breaching an order is and if the breach involves actual physical violence then a custodial sentence is within range or most likely.
Our family lawyers are on call to help with your situation.
For more information on this topic see https://www.domesticviolence.nsw.gov.au/ or https://www.dvconnect.org/.
We should also mention in family law the issue of your safety being at potential risk from a neighbour or complete stranger. In these cases you may need to consider a Personal Violence Order (PVO or APVO). At Save U Legal we believe your safety is paramount and will prosecute or defend you in such a case. If you are looking for domestic violence lawyer near me, Call us now!
Our family lawyers have experience in both applying for and defending DVOs.
At Save U Legal you will find our family lawyers in Tweed Heads and Gold Coast Family Lawyers down to earth, compassionate and friendly. Call us today. We can arrange a meeting at either our Southport or Tweed Heads NSW 2485 office.1