Family Lawyers in Bankstown

Separation and family disputes can affect your children, finances, home and future. Aspire Legal provides clear, practical advice and strategic representation in divorce, parenting arrangements, property and financial settlements, child support and related family law matters.

We take the time to understand your circumstances, explain your options and develop an approach directed to resolving your matter efficiently while protecting your legal interests.

Divorce and Separation

Australia has a no-fault divorce system. To apply for divorce, the parties must generally have been separated for at least 12 months and there must be no reasonable likelihood of reconciliation.

A divorce legally ends a marriage, but it does not determine parenting arrangements, divide property or resolve financial support issues. These matters may need to be addressed separately.

Aspire Legal can assist with:

• Divorce applications
• Separation under one roof
• Difficulties serving divorce documents
• Parenting arrangements following separation
• Property and financial settlements
• Advice about the legal consequences of divorce

Parenting Arrangements

After separation, parents may need to decide:

• Where the children will live
• How much time they will spend with each parent
• How they will communicate with a parent or other significant person
• How decisions about major long-term issues will be made
• Arrangements for schooling, health care, travel and other important matters

Parenting arrangements may be recorded in a parenting plan or formalised through consent orders. If agreement cannot be reached, an application may be made to the Federal Circuit and Family Court of Australia.

The Court must treat the child’s best interests as the paramount consideration. Relevant considerations include:

• The safety of the child and each person caring for the child
• Any history of family violence, abuse or neglect
• Any views expressed by the child
• The child’s developmental, psychological, emotional and cultural needs
• Each proposed carer’s capacity to meet those needs
• The benefit of the child having relationships with their parents and other significant people, where it is safe
• Any other circumstances relevant to the particular child

For Aboriginal or Torres Strait Islander children, the Court must also consider the child’s right to enjoy and maintain connections with family, community, culture, country and language.

There is no presumption that parents must have equal decision-making responsibility and no presumption that children must spend equal time with each parent. The appropriate arrangements depend on the particular child’s needs and circumstances.

Family Dispute Resolution

Before commencing parenting proceedings, parties are ordinarily required to attempt Family Dispute Resolution and obtain a section 60I certificate.

Exemptions may apply, including where:

• The matter is urgent
• There has been family violence or child abuse
• There is a risk of family violence or child abuse
• A party cannot participate effectively
• Other circumstances recognised by the legislation apply

Aspire Legal can advise whether Family Dispute Resolution is appropriate and whether an exemption may be available.

Property and Financial Settlements

A property settlement may deal with assets, liabilities, superannuation and financial resources, including:

• Real estate
• Bank accounts and investments
• Businesses and company interests
• Motor vehicles
• Superannuation
• Mortgages, loans and other debts
• Trust interests and other financial resources

When determining a property settlement, the Court considers:

• Whether it is just and equitable to make an order
• The parties’ existing property, liabilities and financial resources
• Their financial and non-financial contributions
• Contributions to the welfare of the family, including homemaking and parenting
• Their current and future circumstances
• The economic effect of family violence, including financial abuse, where relevant
• Whether the proposed orders are just and equitable in all the circumstances

A property settlement can be formalised through consent orders or, in appropriate circumstances, a binding financial agreement. An informal agreement may not provide finality or prevent a later claim.

Time Limits for Property Applications

Strict time limits apply to property and financial proceedings:

• A married person generally must apply within 12 months after a divorce becomes final.
• A person from a de facto relationship generally must apply within two years after the relationship breaks down.

An application outside these periods requires the Court’s permission, which is not automatically granted. Early legal advice is important where a time limit is approaching or may have expired.

Child Support and Financial Support

Child support is generally administered separately from parenting and property matters. Aspire Legal can advise about:

• Child support assessments
• Child support agreements
• Departure applications
• Child support debts
• Financial support arrangements for children

We can also advise about spousal or de facto maintenance where one party cannot adequately meet their reasonable expenses and the other party has the capacity to provide financial support.

Family Violence and Urgent Applications

Family violence can affect parenting arrangements, property settlements and court procedures.

Aspire Legal can advise and represent clients in matters involving:

• Allegations or risks of family violence
• Urgent parenting applications
• Recovery orders
• Supervised time arrangements
• Protection of children and other family members
• The economic effect of family violence in property proceedings
• The interaction between family law proceedings and apprehended domestic violence orders

If there is an immediate threat to safety, contact emergency services on 000.

Why Choose Aspire Legal?

Aspire Legal provides:

• Direct access to the Principal Solicitor
• Clear and practical advice
• Strategic negotiation and representation
• Careful preparation of evidence and court documents
• Responsive and personalised service
• Representation in negotiations, mediation and court proceedings

We focus on identifying the important issues, explaining your legal position clearly and developing a strategy suited to your circumstances and objectives.

Speak to a Family Lawyer

For advice about divorce, parenting arrangements, property and financial settlements, child support or another family law matter, contact Aspire Legal.

Call 02 8806 2299 or email info@aspirelegal.com.au to arrange a consultation.