We are a team of highly experienced and dedicated family law solicitors and a leading provider of family law services in the eastern suburbs. Our team of family lawyers includes two Accredited Specialists (Law Institute of Victoria Specialisation Scheme).
Our family law solicitors have significant expertise in all aspects of family law, including complex property settlements and children’s matters and related issues involving married and de facto couples.
Our team recognises that family disputes can be a particularly difficult time for clients and that each client will require a different approach and advice to resolve their individual problem. We offer practical family law advice and representation which is personalised for each client.
If you’re looking for family or relationship law advice from experienced and qualified family lawyers based in the eastern suburbs, please feel free to contact our team today.
Santina Della-Rossa santina.dellarossa@aughtersons.com.au
Philippa Darlow philippa.darlow@aughtersons.com.au
Maria Varno maria.varno@aughtersons.com.au
Q: I’ve just recently separated from my partner/spouse, what do I do next?
A: Firstly, you do not have to be living apart to be separated. Parties may be legally separated and living ‘under the one roof’ as long as evidence of the end of a domestic relationship has occurred.
We encourage our clients to discuss an appropriate property settlement and/or children’s issues with their partner or spouse prior to issuing Court proceedings. If you have recently separated from your partner, you both may wish to contact a mediation service to arrange mediation. If you cannot settle without assistance, we encourage you to contact one of our family lawyers for further advice.
Q: I’ve reached a property settlement with my partner, what do I do next?
A: In all family law property settlements, we encourage formal finalisation of any agreement reached between you and your partner/spouse. If you and your partner can reach a fair and equitable arrangement, you may wish to contact one of our family lawyers to discuss Consent Orders. A Consent Order is an Order made by the Court which will legally bind both parties to an agreement, if the Court regards the agreement as just and equitable.
Alternatively, if the agreement cannot be granted by way of Consent Orders, you may wish to contact one of our family lawyers to discuss a Financial Agreement. A Financial Agreement is a binding agreement made between parties’ without the approval of the Court.
Q: What is a pre-nuptial agreement?
A: A pm-nuptial agreement is essentially a Financial Agreement made before or during your relationship and can apply to both marriage and de facto parties. It is an agreement which will set out how your property will be divided if your relationship breaks down. You can choose to protect assets such as a family business, a trust, investment or superannuation.
All Financial agreements must comply with strict legal requirements and each party to a Financial Agreement must obtain a certificate from a lawyer stating that they have received proper advice. If both parties do not obtain an independent lawyer certificate, then the agreement it will not be upheld and you may have to fight things out in court anyway.