Family Lawyers Newcastle
HELP DURING DIFFICULT TIMES
Many people want to avoid involving the law in family matters; however, in some cases, it can’t be helped. Professional legal intervention can help reduce the stress that comes with these difficult times.
At Bale Boshev Lawyers, our Family Lawyers are here to guide you through your family disputes and negotiate a fair and reasonable settlement. We have been helping clients from across Newcastle, the Central Coast and the Hunter Valley region for more than 40 years, with offices in Hamilton, Belmont and East Maitland.
DIVORCE & PROPERTY SETTLEMENT
Going through divorce is not only an emotional experience but there are many legal issues that arise due to your separation. In Australia, the Family Law Act 1975 defines divorce as the irretrievable breakdown of a marriage, and the couple must be separated for one year before they are able to apply for divorce. Separation is defined as the end of the relationship and does not require the couple to be physically separated.
Once you have separated, we can help you create a formal separation agreement which will finalize property settlement and spousal maintenance if required. For de facto relationships, you must apply for property settlement within two years of your separation. Previously married couples don’t need to wait for their divorce to be finalized, but they must submit their property settlement within 12 months of their divorce.
BINDING FINANCIAL AGREEMENTS
A binding financial agreement or a prenuptial agreement is a document that sets out how properties and assets will be divided if you and your partner separate in the future. Our family lawyers at Bale Boshev can write up the terms of the document and enforce it into a legally binding contract.
A binding financial agreement can be made between couples who are separated, divorced, currently married, or soon to be married. Once you enter into this agreement and you do decide to separate, the Court will not be able to interfere in the division of your assets. It’s important to seek legal help and have your agreement reviewed by a professional to ensure your assets are protected.
PARENTING ARRANGEMENTS
At Bale Boshev Lawyers, our Newcastle Family Lawyers understand the impact separation can have on your children. We will always strive to resolve all disputes through mediation and negotiate for a resolution that is best for your children and yourself.
We can assist in writing a parental order, which will include the following:
- Where the child resides
- Who will the child spend time with
- The amount of responsibility for each parent
- How the child will communicate with each parent & other members of the family
- All other aspects that can influence the welfare & development of the child
FAQ
You can be separated even if you are living in the same house. Separation means the end of the relationship, and not the physical separation of the couple. The Family Law Act defines divorce as the irretrievable breakdown of a marriage, which is demonstrated by separation for over 1 year.
Property settlement matters for divorced couples must be applied to the Family Court within 12 months of the divorce being final. For de facto relationships, you must apply for property settlement or spousal maintenance within 2 years of separation.
Your lawyer will always attempt to resolve family law matters through negotiation methods such as mediation. Court proceedings are only necessary when you are unable to reach an agreement regarding issues such as property or child custody. Family court matters can be extremely expensive, time-consuming and can bear an emotional toll on all parties involved.
Mediation is a process of negotiating and discussing possible resolutions to the dispute. It can involve as many parties as needed, and the discussion is moderated by a third party mediator. You can choose to have legal representation to help you negotiate the best deal for you.
Spousal maintenance will only be granted if a party is unable to adequately support themselves with their own personal income or assets. You can apply for spousal maintenance if you were previously married or if you were in a de facto relationship.