Family Law
Family law is, as the name suggests, about families. It covers everything from de facto relationships to marriages. We have the expertise to assist you in property settlements, parenting matters, binding financial agreements, and divorce applications. Family Law is one of the most complex areas of law and can be a very stressful time for you and your loved ones.
However, at Tohme Lawyers, we aim to help you and your family get through the toughest of circumstances. Our Principal Solicitor and friendly team are known for their compassionate attitude and will work side by side with you and your family to assist you to come up with a strategy to resolve your matter and in achieving the best outcome for you.
Your Children
Even though you are separating, both parents are the most important people in your child’s (or children’s) life. The Family Law Act 1975 says, when there are no safety or risk issues, the best arrangements for the future are those where:
- your child continues to have a loving and meaningful relationship with both parents and other family members
- both parents continue to share responsibility for the child, and
- your child lives in a safe environment, with no violence or abuse.
You can apply for a divorce in Australia if either you or your spouse:
- regard Australia as your home and intend to live in Australia indefinitely, or
- are an Australian citizen by birth, descent or by grant of Australian citizenship, or
- ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
Apply for a divorce
Separate Smarter
Some of the things you might need to consider are:
- where your children live and who will take care of them
- how you and your former partner will support yourselves and your children
- what, how and when you will tell the children, other family members and friends
- who will pay outstanding bills or debts
- Child support arrangements
- who will stay in the house
- how will the rent or mortgage be paid
- what will happen to any joint bank, building society or credit union accounts, and
- what will happen to the house, car, furniture and other property.
Finances and property
There are various ways you can make arrangements to divide your finances after separation:
- If you agree on arrangements, you can seek to formalise your matter by applying for consent orders or entering into a binding financial agreement.
- If you cannot agree on some issues, you can use dispute resolution or mediation to help you resolve any issue in dispute.
- If you cannot reach an agreement after dispute resolution, you can apply to the Court for financial orders, including orders relating to the division of property and payment of spouse or de facto partner maintenance.
TIP: Divorce is a completely separate process to financial proceedings.
Speak to our team
Phone:
(03) 9087 1790
Address:
The Suites, Suite 1, Level 1/30 English St, Essendon Fields VIC 3041
Email:
enquiries@tohmelawyers.com.au
Office Hours:
Monday - Friday:
9am - 5:30pm
Closed 1pm - 2pm