How can our Family Law Solicitors help you with your Family Law matter?

If you are at a stage of life considering a separation or divorce or trying to navigate custody agreements, we understand it's an emotionally draining and stressful time for you. At the same time, you may also experience feelings of happiness and excitement as you prepare for a new chapter of life. No matter the circumstances of a family breakdown, it is a period of transition, and a gentle and caring approach can substantially improve your experience with a family lawyer. 

Managing your family law issues can be daunting, and the first time you encounter the complexities, it can be overwhelming; however, the family law legislation is in place to ensure a safe and fair outcome for all parties. While we recognise it's a challenging time for you, we have considerable experience in these situations. That is why we strive to make your family law experience as uncomplicated as possible, always having your dignity and wellbeing as our focus.

You are likely going through this for the first time, so we take the time to ensure we help you understand every step you need to take, the expected outcomes, and the timelines involved so that you feel confident and informed entering into the process with us. This alleviates some of the stress and anxiety you may be experiencing.

When considering separation, you may feel particularly concerned about outcomes for your children and unsure how to make decisions in their best interests, such as where they will live or how you will financially support yourself and your children. Receiving advice about parenting and financial matters, such as maintenance and dividing assets, is beneficial.

Because we work with families daily to navigate separations, we have the experience to support and guide you through the same situations. At the same time, we recognise that every situation is unique and will focus on all our individual client's needs and act accordingly, as everyone matters equally. We pride ourselves on our thoughtful and efficient professionalism.

Williams Barristers and Solicitors are well-equipped to help you through this transition in life, and if you are ready to discuss your situation, please contact us to book a consultation with one of our family lawyer solicitors.

Our family lawyers in Adelaide will guide you through the tough decision-making process.

Our areas of expert legal advice

experienced Adelaide family Lawyers

Our experienced family lawyers can provide you with representation for Private Mediation, Family Dispute Resolution Conferences (FDR’S), or Collaborative law processes as well as representation in Federal Circuit and Family Court of Australia proceedings and associated court ordered events.

Property Settlement

Property settlement severs the financial relationship between people formally in a de facto relationship or marriage. The effect of the process is to divide the assets and liabilities from the relationship, which generally includes your home, car, savings, superannuation, and debts.

Our compassionate and professional approach aims to make the process as straightforward as possible while protecting your interests. We understand that each situation is unique and will work closely with you to achieve the best possible outcome. Our team of legal experts will provide you with clear advice on what you may be entitled to, as well as help you negotiate and formalise an agreement.

With emotions often running high, negotiating a property settlement post-separation can be quite an overwhelming experience. Our experienced family lawyers will advocate for you through this process, reducing the emotional burden.

At Williams Barristers and Solicitors, our family law solicitors understand that the outcome of your property settlement can considerably impact your future, which is why we work tirelessly to ensure that the agreement reached is just and equitable.

Divorce

Divorce is the legal end of a marriage. The process of applying for a divorce does not determine issues of financial support (maintenance), property division or arrangements for children.

While parties are often eager to move on with their lives after separation and want to ‘get the divorce over and done with’, but you cannot apply for a divorce until you and your spouse have been separated for a minimum of 12 months.

Further, obtaining a divorce prior to resolving the division of your asset pool can limit the time you have to undertake a property settlement and/or claim maintenance. For this reason, it is important to obtain legal advice from a family lawyer as soon as possible after separation so that a plan can be made to address all legal issues arising out of your separation. 

Family Lawyers Adelaide and Divorce Lawyers help make you aware of your rights early when you irretrievably split.

Children's / parenting matters

Separation is never easy, particularly where children are involved. If you have recently separated, and emotions are running high, it may be difficult to agree which parent will move out of the family home, who the children will live with or how much time the children will spend with each parent. Our family lawyers pride themselves on taking a child focused approach to all matters involving children and will assist you to navigate these issues with respect and dignity.

A child walking down a dirt road wearing a backpack Family Lawyers Adelaide.

De Facto Relationships

Under the Family Law Act 1975 (Cth) separating de facto couples have substantially the same rights and obligations as married couples. This means that when de facto couples separate, they will usually need to undertake a property settlement just like married couples. Where one party requires financial support from the other, they may also be able to make an application for maintenance.

Family Violence

Our team of family lawyers at Williams Barristers and Solicitors are experienced in dealing with families affected by family violence and other safety risks. We will advocate for you and ensure your voice is heard and all your safety concerns are addressed.

If you have been experiencing family violence or emotional abuse, it is quite common that you might feel disempowered and unable to act, even if you know your rights under the law. That is why seeking advice from an experienced family lawyer is essential.

Violence in relationships makes handling your separation even more challenging as your safety and that of your children are of paramount concern. It can also impact the outcome of your property settlement and how the Court determines the best interests of children when they have been exposed to, or subjected, to family violence.

The Federal Circuit and Family Court of Australia have implemented the Lighthouse Project, including a specialised court list called the Evatt List.

The Evatt List prioritises matters involving family violence and safety risks, and supporting litigants and children, whilst focusing on their safety and wellbeing as being paramount. 

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Collaborative Law

Collaborative law is a process designed to respectfully, and cooperatively resolve family law disputes outside of the court. It enables both parties and their respective solicitors to work together to reach a mutually beneficial outcome.

The collaborative process involves a series of meetings between the parties and their respective collaborative family lawyers, a relationship neutral third party, and any other expert such as a financial advisor, to assist the parties reach an agreement. During these meetings, both parties can express their concerns and goals and generate potential outcomes with the guidance and advice of their family law and other involved experts. This enables parties to be fully informed and empowered to control the process and the outcome in a mutually beneficial manner.

Once the parties reach an agreement, our family lawyers will draft a legally binding agreement that reflects the settlement terms.

Collaborative law is voluntary, and both parties must agree to participate. Open communication and mutual respect are essential elements to create a positive environment where both parties can work together and can be an excellent option for people who want to avoid court proceedings, stress, and delay in resolution. It is an effective way to resolve family law disputes in a non-confrontational fashion.

Alternative Dispute Resolution Practices

Alternative dispute resolution (ADR) practices include mediation, arbitration, collaborative law, and negotiation methods, providing parties with a more flexible, private, and less adversarial approach to resolving disputes.

ADR practices are increasingly common in family law matters and provide parties with a more efficient and cost-effective way to resolve their dispute, whether financial or parenting.

Negotiation is a process where the parties can attempt to reach an agreement without the involvement of a third party or with assistance from their family lawyer. Negotiations can take place in person or via correspondence.

Mediation is where a neutral third party, the mediator, assists the parties in reaching a mutually acceptable agreement which is not binding. Mediation can be between the parties or between the parties and their respective family lawyer.

Arbitration is a more formal process with rules of evidence, and the arbitrator acts as a judge, making a final decision.

ADR practices offer parties a range of alternative methods to resolve disputes that are less adversarial, more flexible, and are far more cost effective than traditional litigation. They allow parties to reach a mutually acceptable agreement that considers their unique circumstances and needs, while preserving relationships.

collaborative law mediation

Child Support Agreements

Child Support is ordinarily assessed through an administrative assessment by the Department of Human Services. An administrative assessment determines the minimum amount of financial support required to be paid.

The purpose of Child Support is to balance out the income of the parents so that the children of the relationship have a similar standard of living regardless of which parent they are living with.

The law requires the payment of Child Support in recognition of the fact that both parents have a duty to provide a proper level of financial support for their children irrespective of how much time they spend with them.

As each family situation is unique, there may also be circumstances where a parent requires more financial support than what is provided for under a child support administrative assessment. If that parent can establish special circumstances, they may be able to seek an order from the Court that departs from the administrative assessment, providing for a greater sum of child support to be paid.

At Williams Barristers and Solicitors our family law solicitors are experienced in issues regarding Child Support and can assist you navigating the process and draft any Limited or Binding Child Support Agreements. 


If you’re going through a relationship breakdown or need advice in respect to another area of family law, call Williams Barristers and Solicitors Adelaide today on 08 8451 9040 to make an appointment with one of our family lawyers.

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