Your Experts In Family Law.
Our principal solicitor, Maryann Melhem, is an Accredited Specialist in the field of family law. Maryann has been working in the legal industry for more than 20 years.
Get In Contact With Our Team
Send us a message and we'll respond as soon as possible.
Honest guidance And Support
Divorce
As a specialist firm, we provide all services to ensure the full separation of all aspects of the breakdown of your relationship (whether marriage or de facto). If you are married (whether your marriage took place in Australia or outside of Australia) and your marriage has broken down, we can help you obtain a divorce to end the legal status of your marriage. A divorce can be done on its own; but consider also whether you have finances or property you need to separate and, if you have children, consider whether you need arrangements relating to their care and support. We can assist in any of those matters.
Parenting
Children can be the people to suffer the most in an acrimonious breakdown of your relationship. Their safety and wellbeing is of utmost importance. The following situations are particularly critical (but are not limited to): Return of children abducted outside of Australia, urgent recovery of children within Australia, change of children’s residence, complex parenting arrangements, urgent airport watch list application
Financial Separation
From house and garden to more complex structures to high net worth, we can help you achieve the desired property division in accordance with your rights and entitlements.
Whether you are married on in a de facto relationship we can help you. Our expertise includes (but is not limited to): complex asset structures with various entities including trusts and tax consequences, urgent immediate relief such as urgent sale of property or restraints from doing so, third party interests, property in various countries, spousal maintenance, setting aside or enforcing financial agreements (“prenups”), jurisdictional arguments as to de facto relationships and out of time applications
Your expert in family law
Our principal solicitor, Maryann Melhem, is an Accredited Specialist in the field of family law. Maryann has been working in the legal industry for more than 20 years. She was admitted as a solicitor in 2012 in New South Wales and gained Specialist Accreditation in 2019. Maryann goes above and beyond for her clients. She is committed to understanding her client’s needs and desired outcomes and endeavours to achieve that outcome for her clients. She gives practical, realistic, honest, and accurate advice so that clients understand their options and make informed decisions about their matter.
Maryann is compassionate and respectful towards her clients. She works as a team with clients, ensuring they feel heard and have input every step of the way, as opposed to feeling as a mere bystander in their own matter.
helping our clients move into the next chapter in their life
Our experience spans from straight forward matters to more complex matters including high net worth pools, complex trust and commercial structures, international property, clients who reside outside of Australia, setting aside financial agreements ("prenups").
Our Frequently Asked Questions
Get answers to frequently asked questions about property settlement, divorce, and de facto relationships.
When do I have to finalise my property settlement?
If you were married then you have 12 months from the date that your divorce takes effect to either reach an agreement or commence court proceedings. This date is found on the divorce order issued by the Court.If you are in a de facto relationship, then you have two (2) years from the date you separate to either reach an agreement or commence court proceedings.
If you don’t reach an agreement or commence court proceedings within those timeframes then you will need the permission of the Court to do so or the consent of the other party.
Do I have to be divorced to finalise my property settlement?
No. You can finalise your property settlement at any time from the date of separation.
Is property always divided 50/50?
No, there is no presumption.
Once it is determined that the assets of the parties need to be divided, the law provides for a 4-step process to follow in deciding how parties’ assets are divided; as follows:
- Identify the matrimonial pool (which is done by establishing the assets, liabilities, financial resources, superannuation and their value)
- Determine the contributions made by each party to the matrimonial pool. This includes financial and non-financial contributions
- Consider whether an adjustment needs to be made to the contributions of the parties if there are future needs (for example who has most care of the children under the age of 18? Is a party unable to engage in paid employment? Even if that party engages in paid employment, will there always be a disparity in income between the parties?)
- Is the proposed division of the “matrimonial pool” just and equitable (“fair”)
Is it necessary for me to obtain a divorce?
Once you have separated, there are many benefits to obtaining a divorce including:
- The divorce severs your title as a spouse and removes the ‘next of kin’ship in the event that you lose mental capacity and cannot make decisions as to your financial situation or your health care
- The divorce starts the time kicking to finalise your agreement as to property settlement or to commence court proceedings
- The divorce speaks to an intention of your relationship in the event that you die without a Will and your former spouse tries to make a claim on your deceased estate
Is my former partner entitled to my superannuation?
Superannuation is treated as property for the purposes of family law and is to be included in your assets available for division. You need to have the consent of the Trustee of the superannuation fund if you intend to divide superannuation.
Can we just verbally agree to divide our assets without having consent orders?
Whilst you can verbally agree to divide your assets without having consent orders if you do not enter into consent orders then you risk the possibility of the other party coming back for a “second bite of the cherry”.
There are also tax benefits to your entering into consent orders or a financial agreement when you have reached an agreement about dividing your assets.
Do I have to tell my ex about everything I own?
Yes. There is a duty of full and frank disclosure imposed on the parties. You each need to disclose all assets, liabilities, financial resources and superannuation to the other.
If you do not provide full and frank disclosure then any agreement reached can be set aside (“Cancelled”) and the court will then decide how to divide your assets again. The Court may also order that the person who didn’t provide full and frank disclosure to pay the legal fees of the other person.
How do I know if I am in a de facto relationship?
There is no one indication to determine whether you are in a de facto relationship. Some indicators include:
- Living in the same home together for two years
- Having children together commingling your finances such that it would be unfair for the court to divide your assets
- Portraying to the public, your family and friends that you have an intention to be in a de facto relationship
- Registration of your relationship with your local Births Deaths and Marriages Registry.
Do we have to live in the same property to be considered being a de facto relationship?
No. As long as there is a meeting of the minds between you and your partner that you intend to be in a de facto relationship, it doesn’t matter that you live in the same property.
For example, if you travel frequently for work, it does not mean that whilst you are away you are not in a de facto relationship. If you or your partner enter prison this also does not end the de facto relationship provided you both have the intention to continue the de facto relationship.
Get In Contact With Our Team
Send us a message and we'll respond as soon as possible.