Family Law.

The lawyers at Chamberlains understand that every family law matter is unique. A comprehensive and practical approach is needed to achieve constructive outcomes for our clients.

We work collaboratively with accountants, psychologists and mediators to ensure you achieve an outcome that is tailored to your individual needs and the best outcomes for your family.

We are able to work with you at all stages of your matter including preparing for a separation or assisting you with navigating your family law dispute. We are experienced in negotiating and documenting agreements or preparing your matter for Court.

For a solutions-based approach to your Family Law matter, make an appointment to confidentially discuss a family law strategy that is tailored to your individual circumstances.

Property Matters

Until you have a property settlement, your assets and financial resources are open to division between you and your former spouse. As a full service firm, Chamberlains can provide you with advice about your rights, responsibilities and entitlements in relation to a property settlement under the Family Law Act, but also ensure that any outcome protects your commercial interests and is consistent with any future estate planning.

Whether you are considering separating and need some preliminary advice, have an agreement you wish to have documented, need assistance negotiating with your former spouse or representation in Court, our Family Lawyers can assist you with timely advice regarding an appropriate distribution of your assets and the best way of achieving your outcomes.

Parenting Matters

Resolving your parenting matter can be challenging but it does not have to be acrimonious. Our Family Lawyers can assist you in achieving parenting arrangements that support your post separation co-parenting relationship. We have a network of experts including Counselors and Mediators that can assist in the resolution process. We have a focus on helping our client’s reach outcomes that work for their family and individual circumstances, which includes advising the best way to document your agreement. We are also experienced in advising on adoption matters.

Family Law Litigation

 Family Law matters are litigated in the Federal Family Law Courts. Our Lawyers regularly appear in parenting and property matters in Newcastle, Canberra and Sydney. We can assist you in all stages of a family law litigation process and appear as Solicitor Advocates where possible.

Financial Agreements

Financial Agreements can be entered into prior to or during a relationship or marriage to protect assets and document how property is to be divided upon separation. This can reduce uncertainty and delay in resolving your matter if you separate. If you have already separated, Financial Agreements can be a way of documenting a consent Agreement reached that includes provision for or protection from spouse maintenance after separation.

Financial Agreements can cover all of the property of the parties, or specific assets only. If your financial circumstances are complex or involve commercial interests, we can advise you regarding options for a Financial Agreement that provide for protection from issues or taxation consequences that may not be able to be provided for if your matter is litigated.

Child Support

Child support is an obligation for one parent to pay the other parent or non-parent carer financial support for the benefit of that party and their child. It is usually based on income and the current arrangements for care, and paid on a periodic basis.

 

If the usual formula is not meeting the needs of your family or you have reached an agreement regarding child support, we are able to assist you to document that agreement in a manner that is enforceable with the Commonwealth Department of Human Services.

Spouse Maintenance

A spouse may apply for maintenance after separation if there is a need for financial support and a capacity to pay that support. This may be paid periodically or as a lump sum, depending on the circumstances. This application is not common, but our Family Lawyers are able to advise you if receiving or making a payment of spouse maintenance is a likely outcome in your circumstances.

Surrogacy

The laws regarding altruistic and commercial surrogacy arrangements are complex and vary between States and Territories. Our Family Lawyers are experienced in advising on the legal issues and risks in entering into a surrogacy arrangement and the process of obtaining parental responsibility for a child.

Divorce

An application for Divorce, once granted, ends your marriage. Either party to a marriage may apply for a Divorce in a joint or single application. There is no requirement of fault to obtain a Divorce, only that you have been separated for a period of 12 months.

International Issues

We recognise that our clients are internationally mobile, and our Family Lawyers have experience dealing with the complexities of parenting and property matters that have an international element. This includes where parties are married overseas or holding assets internationally, international child support matters and international relocation or abduction of children.

Mediation and Family Dispute Resolution

Mediation allows parties in dispute to develop an outcome in parenting or property matters that addresses each party’s individual needs in a timely and cost-effective manner, without the stress and expense caused by litigation.

 

Our Family Lawyers are experienced in mediation and can assist you with selecting a Mediator and preparing and representing you in a family law Mediation. Our Family Lawyers can also assist you in ensuring you obtain the relevant s60I Certificates from a Family Dispute Resolution process if you are unable to resolve your matter and need to go to Court.

Arbitration

With the significant delays in getting to a hearing in the Family Law Courts, our Family Lawyers can advise you on alternatives such as Arbitration. This form of dispute resolution can afford a more expeditious and binding outcome in property matters. We are able to recommend experienced Arbitrators and assist you through the process to obtaining a determination for some or all aspects of your family law dispute.

Collaborative Law

Our Family Lawyers are trained in Collaborative Law, a process that removes the risk of litigation and encourages cooperative problem solving for your parenting or property dispute. This can be an effective expeditious process when parties have a reasonable level of communication post separation and do not wish to undermine their post separation co-parenting relationship.

Family Violence Orders

We can provide advice and representation in relation to obtaining or defending a Family Violence Order (FVO) or Personal Protection Order (PPO) in the ACT.

We can provide advice and representation in relation to defending an Apprehended Domestic Violence Order (ADVO) in NSW.