Family Law

 
 
 
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We want the best for you and your family. There is no one-fits-all answer for separation. We understand that each person and each family have different needs, however, every person wants to be put back onto the path of happiness and stability as soon as possible.

We will have you back to concentrating on moving forward by resolving your family law matter as amicably, quickly and affordably as possible. Your first consultation with us will be with a partner of our firm, it will be free of charge, and will end with you having a roadmap in mind of how to get back on track.

To maximise the time we spend with you, perhaps get started online now and provide us with some information on your situation so that discussion can focus on the ways we can assist you moving forward.

 

Why choose us as your family lawyer

Choosing your lawyer to look after you and your family is an important decision. We have the experience, understanding, and empathy to ensure we obtain the right result for you and your family. We deliver personal service, pay attention to detail, are invested in your situation and achieve results in the best interests of you and your family.

We are local Ipswich family law experts that are focused on providing the highest quality legal service that we ourselves would expect to receive.

 

Amicable Family law Agreements: Your best options to avoid court

It is always preferable to attempt to reach an agreement, rather than go to Court. Reaching an amicable agreement for your family law matter will give certainty and resolution to your family law matter and avoid Court delay, cost and stress.

 

How to avoid delay in the Family Court

Delays experienced in the Family Court is a topic of great distress to parents, lawyers, and the Judges of the Court themselves.

While there is no perfect answer, we have some tips to avoid, or at least minimise, delay in the Family Court for parenting cases.

+ Parenting:

Get the best for your children.

We will assist you to put in place arrangements in the best interests of your children and resolve even the most difficult parenting situations.

Sometimes all that is needed is putting an existing agreement into writing. Other times urgent action may be necessary to protect your child or prevent them being relocated. After separation the breakdown of the family unit will often mean one parent needs to be reunited with their children. No matter what your circumstances, we are here to listen to you and obtain the solution best for your family. You can depend on us to do what it takes for your children and your family.

To discuss the best interests for your children and your family please do not hesitate to contact us for a free initial consultation.

Read more about how we can help on parenting and your children.

+ Property Settlement:

Your future financial security starts with obtaining a fair and reasonable property settlement. We have extensive experience in negotiating and obtaining favourable property division outcomes from simple to very complicated circumstances.

Our focus is to design a road map to securing your financial stability. Swift and amicable agreement is the primary target to have you back to concentrating on your future.

In some situations urgent action and application to the Court is necessary to secure assets or protect your interests. The time limit for applying for property settlement is 12 months from Divorce for married persons, and 2 years from separation for de-facto relationships.

Whether your circumstances are dealing with the family home and superannuation, or resolving complex arrangements for business and trust entities, we will assess your entitlements and structure an action plan suited to your needs.

To assess your situation and decide if urgent action or amicable agreement is best for you please do not hesitate to contact us for a free initial consultation.

Click here to read more about property settlement and how we can get the best for you and your family.

+ Spousal Maintenance:

Where there is a substantial change in your standard of living after separation, you may be entitled to seek financial assistance from your former partner on a weekly or other periodic basis.

In the tumultuous period just after separation, having financial stability for your family is crucial. We will assess whether you may be entitled to, or whether you have an exposure to pay spousal maintenance.

The time limit for applying for spousal maintenance is 12 months from Divorce for married persons, and 2 years from separation for de-facto relationships.

The assessment of spousal maintenance can be a complex process, however we will talk you through the process and make a plan to secure your future financial stability. Please do not hesitate to contact us for a free initial discussion on how spousal maintenance may relate to you.

Read more about how we can assist you in respect of spousal maintenance claims.

+ Protection Orders /Family Violence:

If you or your family have been exposed to family violence it may be necessary to obtain a Protection Order to secure the future safety of your family. Our lawyers are experienced in both obtaining and defending Protection Order Applications.

We are experienced and trained in the assessment of family violence. We can help to resolve your situation and ensure you and your family are protected. Contact us to discuss your situation at a free initial consultation.

Click here to read more about how we can help obtain or defend Protection Orders.

Family Violence does not just mean physical violence. Coercive control and other types of emotional or psychological abuse are considered family violence.

Click here to find out more and protect your family from coercive control and psychological abuse.

+ Binding Agreements and Orders:

If you have an agreement, make it legally binding for your peace of mind.

To legally document an agreement and avoid the need for parties to go to Court you can sign a Consent Order or a Binding Financial Agreement. Reduced cost, stress, time and control over your outcome are all benefits of agreement, rather than fighting it out in Court. We are committed to assist you to agree, and legally document your agreement, as quickly and cost effectively as possible.

Sometimes Court is needed or warranted. If so, we have the experience to represent and protect your interests at Court. However, if you have agreement with your ex, the best time to make that agreement legally binding is right now, as you never know when circumstances may change.

If you have an agreement and seek to make it binding contact us and we will discuss your options free of charge at an initial consultation.

Read more about how we can make your agreement binding.

+ Child Support:

Child support can be assessed by the Child Support Agency or agreed privately.

The amount of child support assessed can be varied depending on the circumstances of your family. If your children are in need of additional support, or conversely if you do not agree with a child support assessment please do not hesitate to contact us for a free initial discussion of your entitlements.

If you have an agreement for child support with the other parent, it will only be legally binding if it is contained in a Binding Child Support Agreement. It is a legal requirement that parents seek legal advice before signing a Binding Child Support Agreement. Please do not hesitate to contact us for a free initial discussion on child support and agreements.

Read more about how we can assist regarding Child Support.

+ Divorce:

Divorce is a different process to property settlement. Property settlement divides the property of parties after separation. Divorce formally ends the marriage, and can be done before or after property settlement.

In many circumstances it is recommended to apply for Divorce as soon as possible, however for example where your spouse holds most of the assets in their name it may be in your interest to wait until after a property settlement has occurred to apply for Divorce.

Parties are eligible to apply for Divorce 12 months after separation, however you should seek advice to understand when would be the best time for you to apply for Divorce.

Contact us to discuss your circumstances and when to apply for Divorce at a free initial consultation.

Read more about how one of our Ipswich Family Lawyers can help you with a Divorce Application.

+ Mediation:

Mediation is a targeted discussion and negotiation which is intended to enable the parties to agree without needing to go to Court.

We strongly recommend you attend mediation prior to considering filing for Court, as it can save time, cost and stress. Mediation is a requirement for family law matters before the parties are able to seek a Court hearing (there are exceptions).

The Court Rules require that parties make a genuine attempt to agree including attending mediation prior to starting Court proceedings.

Click here to read more about Pre-Court Procedures.

Mediation is a viable and important method of resolving disputes without exposure to the long delays and uncertainty of the Court.

No contact mediations ensure that the mediation is safe and without risk.

Some matters will not be appropriate for mediation, and you do not need to see or speak with the other party if you do not wish to.

Click here to find out more about mediation

 
 

Our expert Ipswich Family Lawyers

DAVID MILLWATER

For the last 10 years David has practised as a family lawyer in Ipswich, and is an accredited family law resolution practitioner.

He has assisted countless clients to achieve favourable results in their matters by both agreement and Court proceedings.

David has an empathetic approach and understands how important it is for people to understand their future when developing a plan of action for each client.

Learn more about David

 
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isabel bosman

Isabel joined Millwater Tyrrell Law in November 2020 as a Family Law Solicitor.

Isabel understands that each and every Family Law matter is unique, and therefore requires an individualised approach.

Isabel believes that listening to clients and exactly understanding their needs is the most important part of providing legal advice.

Learn more about Isabel