Family Law

Family Law | Thexton Lawyers

A major point of contention following separation is how the assets and liabilities of parties will be divided.

Property is given a wide meaning under the Family Law and includes houses, cash and personal debts you may have. Superannuation is also included in property distribution and is an important future asset.

All property owned separately or jointly in a relationship is considered under the Family Law.

There are four steps that help to determine what is a just and equitable division of property. It is important that all of the assets, liabilities and superannuation of both parties is valued. This gives an overall pool and helps to determine what is available to be divided between the parties.

With an asset pool in hand, we look at the contributions that have been made to acquire or improve the asset pool. For example, if you owned a house before the relationship commenced, then subsequently sold that house and used the proceeds to purchase the matrimonial home this is called a direct initial financial contribution. Additionally, if you took care of the children whilst your partner worked and earned an income, this is called an indirect financial contribution.

Once the future needs of each party are assessed, including your responsibility for caring for a young child or the difference in income earning capacity between yourself and your partner, we are then able to determine what is a just and equitable property settlement.

At the end of the day, we are here to make sure that you are able to move on.

Call our Principal, Glenn Thexton Family Law Specialist on the office number or direct on 1 300 388 298 or by email: office@familylegal.com.au

If you need to calculate your total Assets, Liabilities as well as your Superannuation fund you can use our Asset Pool Calculator

We provide a service to assist clients to resolve children’s matters and to provide for their ongoing care and welfare.

Lighting the Way Forward

The drafting and advice upon mediation processes, parenting plans, consent orders and Court applications are all provided by our firm. We further have extensive experience in ensuring compliance with existing child arrangements and with the variation of those arrangements, and with applications involving grandparents and significant others in the lives of children.

Knowledgeable Lawyers

Our Principal, Glenn Thexton, has trained as an Independent Children’s Lawyer and brings a wealth of knowledge and experience to all matters that our firm works upon.

We have no upfront fee to assess and provide preliminary advice on your children’s matters, and any fees charged by our firm are subject to a fixed fee quotation that will be provided to you prior to undertaking work on your matter.

Common issues that we deal with include for example: –
  • domestic or family violence against or in front of you and your children
  • psychological and psychiatric assessments
  • drug and alcohol dependency issues
  • mediation and alternative dispute resolution
  • Roundtable Dispute Management
  • contravention applications for existing parenting orders
  • relocation applications and opposition to relocation applications
  • recovery orders
  • Independent Children’s Lawyers
  • how to prepare for a Family Report
  • Hague Convention recoveries
  • drafting of affidavits
  • ensuring appropriate safeguards exist in your orders
  • Notices of Risk of Abuse or Family Violence made to Child Services authorities
  • child support back-payments or reviews
  • medical procedures
  • DNA and paternity testing issues
  • listing of parents on birth certificates
  • involvement of step-parents and grandparents
  • surrogacy and adoptions
Our Principal, Glenn Thexton is happy to have a free general discussion with you about how best to handle your matter and he may be contacted on our office number, by email: office@familylegal.com.au or his mobile 0410 639 921.

Our Principal, Glenn Thexton, Family Law Specialist will advise you on any proposal you have for consent orders in terms of how to draft any agreement in the correct legal form to be acceptable for the Family Court to make those orders.

Consent Orders can be entered for both financial property separation and child spend time arrangements.

We can advise you on the transfer of property and how to avoid incurring stamp duty on transfers between spouses and other third parties on a separation. We also provide advice on the requirements of re-financing property into one spouses name in terms of signing off on final orders for the bank to allow a re-financing to progress.

We will further advise you on the enforceability of Consent Orders to ensure that any agreement between spouses in carried out with regards to the separation and payment of a property settlement or transfer of property.

In terms of child matters, we will advise you on how enforceable a proposed Consent Order is going to be and what to do in the event that one party does not comply or contravenes the Consent Orders. Our advise can extend to providing for a number of protective orders such as supervision of spend time arrangements, drug screening, restraints not to bring the children into contact with certain people and providing for a child’s particular special or medical needs.

Fixed Price Fees are further provided to you the client for advice on, negotiation and drafting of Consent Orders by our firm.

Requisitions from the Family Courts to correct consent orders that parties have lodged themselves is a further service we provide in order to get the orders proposed correct so that the court will then make those orders.

Contact our Principal, Glenn Thexton on the office number or direct on his mobile 0410 639 921 or by email for advice on Consent Orders.

There are a variety of forms of Binding Financial Agreements. These include Financial Agreement before, during and after a defacto or spousal relationship.

A pre-nuptial agreement is a form of Binding Financial Agreement which aims to preserve and protect your current assets, while guiding a settlement in the event that your relationship ends.

The Agreement is made under the Family Law Act and aims to take into account all your circumstances at the time of signing and reasonably anticipated future circumstances, and can provide for:

  • how you deal with your assets, proceeds of any assets, inheritances, gifts and your income during the course of the relationship
  • how you and your partner propose to deal with your separate and joint assets in the event that your relationship ends
Careful drafting and attention to detail is required to give you the greatest prospect of enforcing such an agreement in the future, and we have the extensive experience to protect you to the extent the family law permits.

If you have ever been through a contested property settlement or have known someone who has been through a contested property settlement, you will be well aware of the advantages of having an agreement in place in advance.

A Financial Agreement during or after a relationship deals with a similar subject matter. It is important to obtain experienced, considered advice in relation to your agreement to provide you with the highest degree of certainty and understanding regarding the effect of the Agreement at law.

Contact our office or Principal Mr Thexton on 0410 639 921 to discuss your situation further.

There are strict time limits in dealing with the Child Support Agency and the Department of Human Services. You should be aware of these timelines and ensure that you have an up to date assessment of child support at all times.

However if the Agency or Department have made an incorrect decision about your income or the time spent with parents by your children, you have ways to appeal and review the decisions. Our lawyers frequently appear in applications before the Social Securities Appeal Tribunal (“SSAT”), the Magistrates Court or the Federal Circuit Court of Australia varying decisions made at first instance and on review by the Child Support Agency.

We also have experience with DNA and paternity testing issues, listing of parents on birth certificates, and liability of step-parents to pay child support.

Parents often choose to enter into private arrangements with each other to avoid the agency and this arrangement can be formalised by way of a Binding Child Support Agreement, which is submitted to the Court and the Child Support Agency.

If you are having difficulty with child support or want to discuss your situation, please complete and submit the below form and one of our lawyers will review your case and contact you, usually on the same day, to discuss and advise on how best to handle your matter.

Our Principal, Glenn Thexton is a Nationally Accredited Collaborative Family Lawyer. Collaborative Family Law is a process involving confidential and transparent negotiations rather than adversarial court style dispute resolution.

It is mediation based, which is less formal than court litigation, with the added benefit of the support and advice of lawyers and other third party experts such as psychologists, valuers and accountants. The process is aimed at reaching mutually acceptable negotiated settlements. It is a dispute resolution process in which the parties and their lawyers enter into a contract to resolve a dispute without resorting to litigation.

The contract provides that the lawyers must withdraw from acting on behalf of the parties, if an application for determination of the dispute is made to a Court or Tribunal. The effect of this provision is it focuses all of the participants to the negotiation on reaching a resolution. It also removes the temptation for the parties and their lawyers to overstate their position or withhold information vital to the resolution of the dispute, as can often happen in court battles. When difficult or challenging issues that are hard to resolve arise the parties are not permitted to commence litigation.

The collaborative process forces parties and their lawyers to work together to overcome any difficulties and issues and negotiate a mutually beneficial outcome. The parties, their lawyers, and when required neutral experts, must engage in open, honest and transparent problem solving at meetings. All of the negotiations are conducted in meetings, the process usually takes between four to seven meetings to reach an agreeable conclusion.

The agenda for each meeting is pre-determined by the parties and their lawyers. Between meetings the parties, their lawyers and any other required professionals work together to ensure that all of the information relevant to the agenda is available in advance of the meeting. The lawyers also work with their respective clients to prepare them for each meeting and debrief them afterwards. Similarly, the lawyers consult with each other before the meeting and debrief afterwards.

The primary benefit of the collaborative approach is it places the responsibility for the resolution of the dispute in the hands of the parties and because of this they retain control of their matter in relation to the pace and the cost of the process. Negotiations are private and confidential, and parties are assisted in reaching an agreement that, so far as possible, meets their priorities (e.g. ongoing family or child relationships). The process gives the parties an opportunity to personally understand all the implications of the dispute, the options for resolution, and because of this they are better placed to put the legal issues into context.

We can advise you in relation to whether your situation is suited to the collaborative approach. It is suitable for most clients but an assessment has to be made by an experienced collaborative family lawyer. Generally, the process is not suited to clients with severe mental health issues or in situations involving domestic violence. If it becomes clear during the initial interview that the client, or their former partner, is unsuited to the collaborative process, then our lawyers may suggest other more suitable forms of dispute resolution.

The collaborative approach may not work if:

  • there are any concerns about being in the same room as the former partner, or negotiating with them;
  • the level of trust between the parties is so diminished that it would be better to utilise court processes for discovery and production of documents;
  • the lack of trust cannot be addressed;
  • either party cannot demonstrate empathy for their former partner;
  • either party cannot articulate what is important to them, and what they want to achieve; and
  • either party has drug/alcohol dependency or other addictive behaviours.
Even if some of the factors listed above exist, our experienced collaborative Family Lawyers may be able to assist. Our lawyers regularly take part in ongoing professional development and have the training and skills to deal with the most complex cases. Our Principal, Glenn Thexton can be contacted on our office number, by email: office@familylegal.com.au or direct on his mobile 0410 639 921.

We are the leading experts on Intervention Orders, AVOs and Domestic Violence Orders. Our Principal, Glenn Thexton has appeared on hundreds of restraining order contests and procedural hearings. Learn more at our website at restraining-orders.com.au

Our firm provides advice and appears for both Applicants and Respondents and we further deal with and provide advice on extraneous issues which form part of the restraining order matter, such as, criminal charges for breach of order or assault matters, child arrangements, visa disputes and property disputes.

We have successfully defended very many restraining order applications, which have often resulted in no order being made.

Our fees are fixed for work performed on restraining order and related matters and our Principal, Glenn Thexton is happy to have a free general discussion with you about how best to handle your matter

Getting a divorce can be a difficult time in your life, however our team makes the process simple, easy and affordable.

In Australia, we have a no fault divorce system. This means that to get a divorce the Court only needs to be satisfied that the marriage has broken down irretrievably. You don’t need to prove who was at fault or who caused the marriage to break down, just that the marriage has broken down.

This means that if you and your husband or wife have been separated for 12 months or more, whether you or your partner have moved out of the family home or are still living under the same roof, the Court will grant a Divorce.

Call us for a free consultation on 1300 388 298 or send us an email at Office@ThextonLawyers.com.au and one of our lawyers can walk you through the divorce process. We will handle the entire process for you and our number one aim is to keep it simple.