Tag: Family Law Firm

The laws relating to property settlement at the end of a de facto relationship have recently changed. For relationships that have broken down since 1 March 2009, the Family Court now deals with all of the legal aspects of the separation, including any:

Child Support Agreement,

Parenting Plan or

Parenting Order.

Child Support

Child Support can be sought via the Child Support Agency or a Child Support Agreement.

Parenting Orders. may be sought in the Local Court, the Federal Circuit Court or the Family Court. The principles that apply to the children of marriages also apply to the children of de facto relationships.

It is a criminal offense to knowingly breach an interim or final Apprehended Violence Order. The maximum penalty on conviction is a $5,500 fine or two years imprisonment or both. Where the breach itself is an act of violence and the defendant is at least 18 years of age, the defendant will likely be sentenced to a gaol term.    

You have the right to be safe and so do your children. If you fear ongoing violence or intimidation you should contact the police immediately.

Protection issues are just as important as the right of children to spend time with both parents and sometimes those objectives are in conflict.

The court may issue an Apprehended Violence Order if it feels that there is a likelihood of, or that the person lodging the complaint has reasonable grounds to fear:

• the person receiving the order has a high propensity for violence or
• harassment, stalking or intimidation.

If for any reason, you fear for your own safety or the safety of your children, the lawyers at Mathews Family Law & Mediation Specialists Melbourne can help you to find protection from family violence. You should discuss them with us at the earliest opportunity so we can identify with you what steps need to be taken for protection or what impact the incidents will have on parenting and property matters. We can advise on the forms of Apprehended Violence Orders available and help you obtain an order appropriate to your circumstances and adequate for your protection. We can also advise on the effect of an AVO on post-separation parenting.

Mathews Family Law is a leading family law firm in Australia. Please contact us on 1300 635 529 to speak with our family and divorce lawyers today. You can also send your inquiry online now and we will contact you shortly.

The Family Law Act provides for binding financial agreements to be made between parties to a marriage, a de facto relationship, or a same-sex couple. These agreements can be made before, during or after the end of the marriage or relationship. Parties entering into a relationship agree on what will happen in the event that they separate. Parties entering into a second relationship or with substantial assets often like the protection of a financial agreement.