Family Law

Family Law encompasses an expansive array of issues related to familial relationships. Attorneys who specialize in this field typically represent clients facing cases such as divorce, adoption and child custody matters as well as those dealing with domestic violence issues or sensitive matters such as domestic abuse.

Prenuptial agreements provide couples who are considering marriage or civil partnerships with an opportunity to protect their financial interests in case of a divorce or separation, providing guidance with matters such as alimony, child support and property settlement issues.

Due to the nature of these cases, Moonee Ponds family lawyers require excellent people skills. They should be able to communicate clearly while listening attentively and remaining emotionally detached.

Divorce is the legal separation from a marriage or civil union and often requires legal advice to navigate its complex nuances, including property division, child custody arrangements and support obligations.

Trial separations are becoming more prevalent and are lasting a few months to over two years, during which couples live apart but do not file for divorce; assets and debts remain marital property during this period.

Sometimes the spouse who receives the divorce petition may attempt to avoid service of process, so hiring a private process server may help locate and serve them their paperwork.
Child Custody

Custody refers to parents' rights and responsibilities for caring for and raising their children, including making decisions regarding residence, daycare, education, healthcare and religious upbringing. Under most circumstances courts prefer that both parties share legal custody of their children.

Physical custody outlines where a child will reside predominantly. A court may grant joint or sole physical custody to one parent; in cases of domestic violence, substance abuse, or other circumstances they may award sole physical custody to only one of the parties involved. If one party relocates without permission from court or against their wishes they could face contempt charges from another parent and face sanctions from both courts for contempt of court.
Prenuptial Agreements

Prenuptial agreements (prenups) are contracts which define financial and property rights between couples prior to marriage. While some might view prenups as unromantic or offensive, they can actually serve as an invaluable safeguard in case of death or divorce, helping both partners avoid potential disputes between themselves in case disputes arise over finances or assets.

Prenups must be signed by both parties prior to marriage and fully disclosed for them to be valid. A prenup may waive some statutory rights of the surviving spouse such as elective share and homestead; however, prenups cannot address child custody disputes as this would go against public policy.
Property Settlement

Property settlement, also referred to as a divorce order or marital settlement agreement, is the final contract which determines how assets and debts will be divided among ex-spouses. Such agreements often contain essential details regarding each party's financial needs and plans for the future.

As part of the property settlement process, it is vital that both spouses fully disclose all assets and liabilities. Any hidden asset discovered later (known as "commingling or transmutation") could negatively alter the final agreement and lead to unfavorable outcomes for one spouse; keeping accurate records can help avoid such complications.