Specialist legal advice and securing your entitlements.
Property settlement and spousal maintenance matters can be complex, but our experienced divorce lawyers can help.
We work with a client satisfaction focus to prevent financial matters from being unnecessarily drawn out, adding stress to an already difficult time.
Our family lawyers will help during the negotiation process with your ex-partner. If you do not wish to utilise our lawyer representation we recommend seeking our legal advice prior to your legal proceedings.
We will ensure you have a comprehensive understanding of what to expect, and how best to approach negotiations.
Different time limits apply for commencing Court proceedings, depending on whether you are still married, divorced or have been in a de facto relationship.
Preston & Associates divorce lawyers have extensive experience in conducting property settlement matters, including complex matters involving family trusts, international property, self-managed superannuation funds and companies.
We have an unwavering understanding of the Family Law Act, which specifies court considerations for determining how property should be divided upon the end of a relationship.
The property includes assets and liabilities that are owned individually, by another person or by a family trust or company.
It is important that parties in a separation know their rights concerning spousal maintenance, as it can be a particularly complicated area of the law.
There is no automatic right to receive or duty to pay spousal maintenance upon separation.
The Family Law Act provides that one party to a marriage (or relationship) is liable to maintain the other to the marriage (or relationship) to the extent that one party can reasonably do so, and if, and only if, that other party is unable to seek him or herself out adequately.
There are a number of factors which the court looks at in determining whether one party is able to adequately support him or herself or not, including:
- one party has care and control of their children
- parties unable to gain employment (age, mental capacity)
If one party cannot adequately support themselves, the other party is only liable to support that party as far as they are reasonably able to do so.
Approaching family law matters with empathy and professionalism.
Our family lawyers have the knowledge and expertise to guide clients through emotional legal matters.