Family Law
Compassionate Family Law services supporting separation, parenting, and property matters with clarity, care, and strong legal guidance.
Separating from your significant other is a stressful, life changing event. Whether you have children or not the impact can often be overwhelming. Our family law practice offers clients a range of legal services to help them navigate their changing circumstances.
Led by Bruce Linkermann, our family law team guides clients through their family law journey by providing strategic, personalised advice. We pride ourselves on providing a service that safeguards our client’s rights, and those closest to them, while advocating for resolution rather than conflict.
Our Family Law services include:
- Personal and Financial Separation Advice
- De facto Law Advice
- Consent Orders
- Binding Financial Agreements
- Divorce Applications
- Parenting Orders
- Court Representation
- Complex Children Matters
- Child Support Arrangements
- Restraining Orders
Please refer to our Family Law FAQs below for further information.
We also offer an initial consultation with a family law lawyer for $450 (incl. GST) which can be held in person, by phone or by video appointment.
If you would like to know where you stand in your family law matter contact us.
Family Law
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FAQ
Frequently
Asked Questions
What is the difference between parenting plans and parenting orders?
A parenting plan is an informal agreement between parents about how they are going to co-parent. A parenting plan is not enforceable while parenting orders are. A parenting plan is the preferred starting point as parents should be able to set aside their differences and co-parent amicably. If there is disagreement as to parenting arrangements, then parenting orders should be sought. Parenting orders will only be granted if the Court is persuaded that they are in the child’s best interests.
Are parenting orders final?
Parenting orders are strictly speaking never final. As a child grows their circumstances change. If parenting orders need to be changed, the Court will review the existing orders if a party's application is accepted for filing.
When can I get divorced?
You can get divorced 12 months after you have separated.
What is the timeline for being a defacto ?
There is no strict timeline or period after which you and your partner are deemed to be in a de facto relationship. The Court will look to a number of factors to decide if you and your partner are living like a married couple. A relationship that is 2 years or longer is a factor that the Court would take into account.
Who can I bring to the first appointment?
When you first come to speak to one of our solicitors, if proceedings have not yet been commenced, you can bring a support person like a trusted family member or a trusted family friend. If proceedings have already been commenced, then our solicitors will speak to you at the first appointment by yourself (your support person can wait for you while you discuss your matter in private). This is to protect you so that we can explain your obligation to not publish details of your case.
Do I need to bring paper work?
Usually, the first appointment is an opportunity to discuss your matter generally and for the solicitor to explain broadly the processes that you could expect as you try to resolve your matter. If proceedings have already been commenced, then we suggest bringing all the Court documents with you and copies of all the correspondence you have received from either your partner or their solicitors.
What should I do before the first appointment?
It is helpful to know at the beginning what kind of outcome you would like to achieve. Examples include: settling a financial agreement so that you retain ownership of your business or a residential property or negotiating parenting arrangements. Before you attend we suggest considering what you would like the “day after” to look like.
Can I bring a support person with me to the first Court hearing?
The Family Court is an open Court. This means that you would usually be permitted to have a support person present. However, the Court can ask them to leave. To avoid any confusion, it is best to inform the Court’s Registry in advance that you will be bringing a support person.
What orders can I expect the Court to make at the first hearing?
The orders granted at the first hearing are usually procedural. They manage the case by setting deadlines for the parties to file further documents, exchange discovery, and attend mediation.
What can I expect to happen at mediation?
Mediation is fluid and not a rigid process. You can expect to have an introductory phase where the parties or their solicitors make opening remarks. After that, the parties are usually separated so that offers can be exchanged. If there is further disagreements, the parties or their solicitors might reconvene before further offers are exchanged. Everything said during mediation is usually on a without prejudice basis, which means that it is confidential and cannot be used against you as evidence in the proceedings.
If an agreement is reached at mediation, must the Court grant final orders, or can we record our agreement separately?
Once a settlement has been agreed, depending on the terms of the agreement the parties will either prepare consent orders for the Court to review or a binding financial agreement. If the orders that have been agreed are “just and equitable” (fair), then consent orders are preferred to a binding financial agreement. If, however, the agreement will result in one party receiving less than they could expect if the matter were determined by trial, then a binding financial agreement would be preferred as the Court might not grant the orders sought.