Children Issues

Federal Circuit and Family Court of Australia deal with the family law issues including children’s custody. The primary consideration in the parenting proceedings is the children’s best interests which can be met by ensuring that the children have meaningful relationships with both parents except when it would be contrary to the child’s best interests.

 

Separation is a difficult period for couples, especially when children are involved.

 

Themis Family Lawyers can guide you through these difficult times and assist you to navigate the available venues to negotiate your children’s living arrangements by focusing on your children’s best interests (the rules regarding the children of de facto relationship are the same as married couples). We understand that each family is different, and we will help you to make arrangements that are best for your family.

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Property settlement

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Property includes assets and financial recourses held by you and your partner including real estates, bank accounts, superannuation, pension entitlements, shares, investments, motor vehicle, furniture, business and everything with monetary value.

 

Property settlement can become complicated and stressful, we can assist you in negotiations to achieve a fair and reasonable settlement.

IF you and your former partner be unable to reach an agreement, we advise you of the options available to you and if the mater proceed to

Divorce

At Themis Family Lawyers, we realise that when a relationship ends, it is a difficult moment for everyone involved. With our fixed-price divorce service, we are here to assist you throughout the divorce process. Divorce in Australia is “no-fault,” which means that you do not have to show to the court that one of the parties caused the marriage breakup. Most divorces result in a property settlement, which must be completed within the time constraints specified by law. De Facto partners can apply for a property settlement if they were in a genuine relationship.

 

Divorce and property settlements may be stressful and complex matters, so seek advice from our experienced legal counsel.

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Hague convention (International Child Abduction)

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The principal international agreement governing international parental child abduction is the Hague Convention on the Civil Aspects of International Child Abduction. It establishes a procedure through which a parent may request that their children be returned to their native country. The Hague Convention also addresses international child access problems. When a parent or guardian resides in a different nation than their child’s native country, it might be difficult to get access to them.

 

We can assist you if you brought your children to Australia and you think the other party may seek their return or if you have received court documents seeking the return of your children to another country.

We are based in Adelaide but can assist clients from all over Australia.

Binding Financial Agreement (pre-nuptial agreements)

We can assist you if you consider interring a binding financial agreement to determine how your assets will be divided if you separate.

 

You can enter a binding financial agreement after, during and end of a de facto relationship and during the marriage, after divorce or in contemplation of marriage.

 

We recommend you file a consent order if your relationship has ended because it is more difficult to set aside a consent order and it will protect your rights better.

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Mediation (Family Dispute Resolution)

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Mediation is a form of dispute resolution process regarding children’s custody and/or property settlement. The parties with the assistance of a mediator (an independent third party) engage in negotiations and try to reach an agreement. Mediation can take place prior to the court proceedings or after court proceedings.

 

The parties must make reasonable and genuine attempts to settle the issues before filing an application with the court, however, there are exemptions to this requirement.

De Facto Relationship

A de facto relationship is a relationship between two people, whether of the same sex or the different sexes, who live together as a couple but who aren’t married or in a civil union. For the relationship to be legally recognised, however, both people must be of a certain age, and this age can vary depending on the particular area of law.

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