Divorce &
Separation

The breakdown of a marriage is an extremely trying time for all involved. Couples that remain on amicable terms after separation usually still require some involvement from family lawyers.

The process of obtaining a divorce is separate to that of dealing with your property settlement or making arrangements for your children.

When you separate, determining the appropriate arrangements for your children can be difficult. However, any arrangements that are made must be in the best interests of your children.

It can often become a conflict between two parents, who both believe they are acting with the children’s best interests at heart.

Children &
Parenting

Property Settlements

Following separation, Affinitas Legal can provide you with tailored advice on your likely property entitlements, whilst providing you with various options for settlement.

Whilst some property settlements can be simple, others can be complex, and it is imperative to get comprehensive legal advice.

Formalising the agreement, you reach with your spouse is imperative for the financial future of both parties. Before you enter into any formal financial agreement, you should receive legal advice in respect to the proposed agreement.

Only in rare circumstances are you able to have a financial agreement altered or set aside after it has been executed.

Financial
Agreements

Enforcement&
Contravention
applications

If you have Family Court Orders, or a Binding Financial Agreement, there are remedies available to you to enforce the Orders, if the other party isn’t adhering to them.

This includes both financial Court Orders, and Court Orders pertaining to your children. The appropriate enforcement method will vary depending on the breaches that have occurred.

Spousal maintenance is financial support that is paid by one party, to the other, in circumstances where they cannot adequately support themselves.

Spousal maintenance can apply to both married, and de-facto couples, and is separate to that of child support and adult child maintenance.

Spousal
Maintenance

Recovery
orders

A recovery order is defined in the Family Law Act 1975 and the Family Court can order that a child be returned to a parent of the child, a person who that child lives with or spends time with, or a person who has parental responsibility for that child.

This often occurs when a child has not been returned at the conclusion of a spend time arrangement.

If you are concerned that the other parent may remove your children from the jurisdiction, it is imperative that you receive legal advice on an urgent basis.

Acting swiftly can often prevent unilateral relocation by one parent to jurisdictions that do not have reciprocal international agreements with Australia in dealing with non-consensual relocation.

Flight risk &
Injunctions

There are some unavoidable circumstances which may require a parent to relocate either interstate or overseas.

If you relocate without the consent of the other parent, or a binding Family Court Order, it is distinctly possible for the other parent to obtain a recovery order.