family law and divorce

We can take all family law cases - big and small

While other family law firms may be reluctant to take some cases due to business considerations, we at Bainbridge Legal believe that the practice of family law is about people over profits. Regardless of whether you simply need assistance filling in an application for divorce or whether you need a practitioner to act for you throughout complicated parenting and property related family law litigation, Bainbridge Legal can help you protect your interests.

At Bainbridge Legal we have a wide variety of experience in family law matters from property proceedings to parenting issues, and from child support agreements to binding financial agreements. We can generally settle more than 95% of our family law cases without having to proceed to a costly final hearing. Our ability to negotiate an acceptable settlement during the early stages of family law proceedings can often result in significant savings to our clients.

At Bainbridge Legal we are available to assist you resolve your family law matter, whatever outcome you are seeking. Call us today to speak with one of our expert family law solicitors.

Parenting matters in family law cases

At Bainbridge Legal we are able to give you genuinely practical advice on the range of family law orders that might be acceptable for your personal situation and how the Court will go about determining the best interests of your child. We can help you negotiate parenting orders by consent or, where agreement between the parties cannot be obtained, through a defended hearing. Bainbridge Legal can assist you obtain parenting orders through the Family Court of Australia or the Federal Circuit Court.

marriage breakdown and divorce

Property matters in family law cases

At Bainbridge Legal we are available to guide you through and explain the four-step process used by the court to determine your entitlement to property after the breakdown of your marriage or de facto relationship.

We can assist you negotiate a property settlement with a view towards a binding financial agreement or consent orders, or we can provide legal representation for a contested hearing in those cases where settlement is not achievable.

Bainbridge Legal can assist you obtain property orders through the Family Court of Australia or the Federal Circuit Court.

family law and divorce

What are my rights after separation?

Separating from your partner is a stressful and difficult time. There are a number of issues to consider which may include what happens with your property, what are the arrangements for your children, who’s responsibility is it to pay the bills and many more. Bainbridge Legal is able to assist you from start to finish in resolving your family law issues in a timely and cost effective manner.

Parenting (child custody)

When you separate there are so many factors to consider, especially when there are children involved. Our team of family lawyers has many years of experience helping separated parents negotiate parenting arrangements that are in the best interests of the children. The court will prioritise the best interests of a child when considering parenting orders. Having our experienced team of family lawyers represent you will ensure that appropriate care arrangements are formalised for your children. After all, good parenting arrangements make separation less stressful for children.

In relation to any family law matters surrounding children - until there is a court order from the Federal Circuit and Family Court of Australia saying otherwise, either parent can in short, do as they wish. This means that either parent can decide anything from the schedule for the children, where the children stay and where the children go to school. You can see that this can be a very difficult situation when the parents have different views about these issues. One parent can take the children and not allow the other parent to see the children and vice versa. Parties are also able to move locations with the children and they do not require the agreement of the other party. For example, one party might decide to unilaterally move from Sydney to Perth with the children, and unless there is a court order saying otherwise they are free to make this move.

Accordingly, it is evident that it is important to obtain a family law court order which formalises and creates an enforceable set of arrangements in relation to the children. This court order can be obtained by consent, where you and the other party agree, or at the end of a defended family law hearing if you cannot agree. Bainbridge Legal can assist you through the process of negotiation and obtaining family law court orders, whether these are obtained by way of consent or through litigation.

Under the Family Law Act 1975 (Cth) persons considered concerned with the children’s care and welfare (such as grandparents and step-parents) also may have rights in relation to the children. However, until there is a court order grandparents or any such persons need the parents’ consent to take any action. If you are a person concerned about the child in relation to their care, welfare and development you have the right to make an application to the family law courts to assert your rights in relation to child custody. These issues may involve living with the child, spending time with the child and or other issues associated with the child. It is important when considering what action to take regarding parenting matters to consider the best interests of the children.

Whether you are a parent, grandparent or other person concerned, Bainbridge Legal can assist you in ensuring in resolving your family law parenting matters. It is important to note that parenting matters are usually time sensitive so we recommend you take action sooner rather than later.

family law rights

Dividing your assets (property)

In the same vein as is mentioned above in relation to family law parenting issues, your rights in relation to the division of property go by way of legal ownership until there is a court order saying otherwise. For example, if the house that you both lived in as a couple is owned by one party then that owner has the legal right to ‘kick you’ out of that house (unless/until you obtain an order from the family law courts granting you a right of occupancy). You are also not entitled to a share of the value of that house until orders made. The same applies to any form of property whether it is a house or car, for example. In order to assert your rights under family law, you need to take action. You can do this by obtaining a court order or by formalising your property division by executing a binding financial agreement.

Spousal maintenance

Spousal maintenance in family law refers to your partner paying you funds to assist in supporting you. It is a different matter than the division of your property. You may be entitled to spousal maintenance pursuant to the Family Law Act 1975 (Cth). In order to obtain spousal maintenance, you require agreement from the other party or an order from a Judge. To make the payments enforceable you require a family law court order or a binding financial agreement giving you rights to enforce payment in the event payment is not made.

Child support

Child Support Agreements can help separated parties achieve certainty irrespective of changes in the future. Our experienced family law team at Bainbridge Legal can help you negotiate and prepare private Child Support Agreements.

Assert your family law rights

You have a number of rights in relation to parenting, property, child support and spousal maintenance under family law. Asserting these rights can be complex and difficult. It is often the case that you need to take action, by obtaining a court order (whether by consent or otherwise), to assert those rights. Bainbridge Legal family lawyers are able to assist you in ensuring your rights are asserted. Contact us today to arrange a free initial conference with one of our family law solicitors.