Family Law
“We are not going in circles, we are going upwards. The path is a spiral; we have already climbed many steps.”
― Hermann Hesse
We believe that when people Separate or Divorce, they need as much mentoring as legal advice. People don’t commence relationships based on legal advice. So, although legal advice is necessary and can assist families in navigating the complexities of law, it is mentoring and support which is essential for a successful outcome. A successful outcome depends on how quickly a matter can finalise after the initial decision of separation
SOLUTIONS TAILORED FOR YOUR NEEDS
According to a report published by Australian Institute of Family Studies, Separation is a major life course risk, which typically has significant economic consequences, as well as possible negative effects on health and wellbeing of people.
Our team at Dhillon legal understand how you feel and are here to help you overcome the obstacles which you may face during these difficult times. We offer proactive, caring services aimed at making the entire process as painless as possible with cost effective solutions.
Our online platform allows you to get information specifically applicable to your circumstances and puts you in touch with one of our family lawyers in Melbourne.
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In Australia, the Family Law Act 1975 requires the court to have regard to ‘the need to protect the rights of children and to promote their welfare’ whenever they exercise their discretion under the Act. Accordingly, when the court makes a parenting order, which may deal with a number of things such as
Who the child will live with;
The time the child will spend with each parent;
Who makes the decisions such as schooling, religion etc; and
If the child can be moved from their primary place of residence.
The Court must take the child’s best interest into account as a paramount consideration.
At Dhillon Legal, we aim to help you find a solution that is aligned to the best interests of your child as well.
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From our experience, we have observed that reaching agreement in relation to the division of property can be one of the most difficult aspect of separation. After quantifying the marital pool and assessing the contributions made by both parties, where appropriate we assist our client in reaching such agreement through negotiations and mediation.
If, however, the two parties cannot reach an agreement to divide their property and other financial resources when they separate, they can make an application to the court to make an order on their behalf. Section 79 of the Family Law Act 1975 gives the court the power to make orders that would change the parties interests in their property.
Read about the 4-step approach that the court adopts in making an order here
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The family court requires parties to engage in good faith negotiations before making any application for property or parenting orders (unless family violence is involved). We at Dhillon Legal specialize in brokering agreements with your spouse or their lawyer, without the need for a protracted legal proceeding.
Regardless if you have reached preliminary agreement with your spouse, or if you are making a proposal for the first time, our team at Dhillon Legal can ensure that your proposal is presented in the clearest, most effective manner to help you both reach agreement about future arrangements. It is our number one goal to help parties avoid litigation as we are well aware that court cases are emotionally and financially draining.
Once agreement is reached, we will also work with you in ensuring your application for consent orders is presented to the court in the most effective manner possible, to ensure your application is painlessly and efficiently accepted by the courts. We want your involvement with the family court system to be as quick and comprehensive as possible. Your priority should be building your future, not worrying about the past.
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To reduce the cost and frustration of a protracted family law litigation, parties often choose to enter a binding financial agreement, which as the name suggests is a contract that sets out the manner in which your property will be distributed if you get separated or divorced from your partner. BFAs (often referred to as pre-nuptial or post-nuptial agreements) are enforced just like a contract and have the ability to exclude the other party from commencing a court proceeding seeking a different outcome.
However, BFAs are regulated by the Family Law Act 1975 and are only binding if:
They are signed by all parties
Before signing the agreement, each party has obtained independent legal advice and was provided with a signed statement from a lawyer certifying the same.
In 2020, 78,989 marriages registered in Australia, while 49,510 divorces were granted. Given the statistics, we often encourage our clients to enter into a financial agreement with their partner so that you avoid the stress of a protracted litigation later.
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After separation, many parties find themselves in financial difficulty. This can be because they have assumed primary care of the child, are re-entering the workforce, or have lost the primary income earner in their family. Dhillon Legal prides itself on offering cost effective legal assistance in ensuring that you receive your legally entitled child support and spousal maintenance.
Our motto at Dhillon Legal is that good legal services should not break the bank. We keep our costs proportional and client needs are always our priority. We will guide you through the process of securing financial support post-separation while ensuring that your needs are met at every turn.
Family Lawyers who are hands on with data
We are young team which gives us an edge with technology. We love court data, current patters of cases and various technology platforms which can assist us in identifying cases similar to yours in matter of minutes.
We take pride in our impeccable record of finalising family law cases in really short time frames. We can achieve this by relying on current and historic data of family law cases instead of utilising the traditional way of doing law. We also draw on our experience to formulate calculated strategies which provide our clients with a realistic picture of an outcome.We are young team which gives us an edge with technology. We love court data, current patters of cases and various technology platforms which can assist us in identifying cases similar to yours in matter of minutes.
We take pride in our impeccable record of finalising family law cases in really short time frames. We can achieve this by relying on current and historic data of family law cases instead of utilising the traditional way of doing law. We also draw on our experience to formulate calculated strategies which provide our clients with a realistic picture of an outcome.We are young team which gives us an edge with technology. We love court data, current patters of cases and various technology platforms which can assist us in identifying cases similar to yours in matter of minutes.
We take pride in our impeccable record of finalising family law cases in really short time frames. We can achieve this by relying on current and historic data of family law cases instead of utilising the traditional way of doing law. We also draw on our experience to formulate calculated strategies which provide our clients with a realistic picture of an outcome.
Our Criminal Law Experience
Our research and data shows that a large number of family law cases have an element of domestic violence attached to it. Our principal lawyer Manjot Singh has more than 10 years’ experience as a police prosecutor, and has worked with many survivors of domestic violence. He has unique experience in understanding the interplay between family violence, the criminal justice system and family law. This gives our team an edge to deal with any criminal law or intervention order matters in-house making the process smooth and cost effective.
Whether you are unsure if what you are going through is family violence, or if you are scared and need reassurance that your safety is being looked after by one of the best in the field, our team at Dhillon Legal will spare no effort in ensuring your personal safety is looked after. Come speak with our team today, and we will work together to create a safety plan to get you (and your children) to safety. This can include applying for family law intervention orders, or putting you into contact with the necessary organizations to help you move out quietly and safely.
Time limits to file financial proceedings in Family Court for married couples and de-facto partners