DEAN Lawyers
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Family Law - Children's Matters & Property Matters
THIS IS OUR WRITER'S OPINION OF A GENEREAL NATURE AND CAN NOT BE RELIED ON WITHOUT CONSULTASTION IN RESPECT OF YOUR PARTICULAR MATTER
Children's Matters
There is a legal presumption that it is in children's best interests their parents have equal shared parental responsibility.
In addition, consideration should be given to the children spending equal time with each parent, as a starting point.
Depending on the circumstances of each party, the above principles are applied, or can be varied, to achieve the best possible results for our clients.
Property Settlements
BANK
MORTGAGE
BANK
ACCOUNT
There is a four step approach:
1. Identify and value of the property, 2. Calculate each parties contribution to the assets
3. Allow for any special needs for a party 4. Make a just and equitable division of the property
It is the view of our writer that:
It is in the interest of the parties to settle out of Court, but to seek Consent Orders to ensure the settlement is enforceable.
We do take instructions on Financial agreements.
Apprehended Violence Orders
Apprehended Violence Orders are not Criminal Convictions.
However, they override any Family Law Orders, so if the Orders prohibit contact to children, the prohibition must be complied with for the term of the Order
A breach of an Apprehended Violence Order is a Criminal Law matter.
It is the view of our writer that:
Apprehended Violence Orders are a bar to employment in certain industries, such as health care, and disqualify a defendant in other matters, such as holding a firearms licence. These matters should be taken into account when an order is made.
Defendants and Protected Persons should not agree to a variation of the terms of an Apprehended Violence Order between themselves, without seeking a variation of the order by a Local Court. The protected person has no power to vary the order.
An order may be in place to also protect the children of a protected person. A protected person may be seen as placing their children at risk, if they agree with the defendant to ignore the terms of order.