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Accredited Family Law Specialists
If you have recently separated from your partner, we understand it can be a difficult and stressful time. McVittie Legal is here to provide clients in Alstonville and the Northern Rivers with professional legal help in regard to:
- Cohabitation agreements
- Prenuptial agreements
- Divorce & separation
- Spousal maintenance
- Division of property & assets
- Child support, child protection & child custody matters
Binding Financial Agreements
A BFA sets out the way some or all of your assets with your spouse will be divided following a breakdown of your relationship. A BFA must be carefully drafted, and they are required to contain considerable information about your financial situation, including the provision of disclosure of all assets and liabilities. The lawyer for each party must provide independent legal advice and sign a certificate to verify that they have provided that advice. This is what makes a BFA binding.
Divorce & Separation
In Australia, the Family Law Act 1975 sets out the grounds for divorce as the “irretrievable breakdown of a marriage”, which is demonstrated by separation for over one year. At McVittie Legal, we can assist you with preparing and lodging your divorce application, serving on the other party and, if necessary, attending the divorce hearing.
Spousal Maintenance & Division of Assets
Among other factors, to be eligible for spousal maintenance, a person must not be able to financially support themselves on the income available to them and the other person must have the capacity to pay.
Property Settlement
A property settlement is the division of property between parties following their separation. Parties can either agree on the settlement between themselves or at mediation, with a lawyer preparing either a BFA or consent orders to be filed with the Court. Alternatively, if agreement cannot be reached, an application can be made to the Court for a determination by a Judge.
Property settlements are determined based on the specific facts of each case. There is no one size fits all and we can help you to achieve the best possible outcome using our vast knowledge, skill and experience.
Property settlements are determined based on the specific facts of each case. There is no one size fits all and we can help you to achieve the best possible outcome using our vast knowledge, skill and experience.
Parenting Matters
Australian law, quite rightly, focuses on the rights of children to have a meaningful relationship with both parents, provided that it is not exposing the children to any unacceptable risk of harm and that it is in their best interests.
Parenting issues can include a broad range of matters including where children will live and the arrangements for how much time they will spend with each parent. No cases are the same and our experienced Solicitors can assist you to understand why a court may make particular orders for your children based on the circumstances.
Parenting issues can include a broad range of matters including where children will live and the arrangements for how much time they will spend with each parent. No cases are the same and our experienced Solicitors can assist you to understand why a court may make particular orders for your children based on the circumstances.
