Family Lawyers Offering More for Brisbane’s Northside
"In an area of law which is complex, constantly changing and often emotionally stressful and testing, you will greatly benefit from empathetic, appropriate, practical and timely advice that Terry Anderssen Solicitor provides."
How Terry Anderssen Solicitor will assist you with your divorce, separation or other family law matter.
Thoughtful and accurate guidance and legal advice provided by skilled lawyers during this often sensitive and vulnerable time in order to reduce the client’s stress;
Lawyers aiming to expedite an early resolution to conflict by applying tools to facilitate parties reaching fair agreements in the cheapest and the most effective manner;
Help create confidence between clients and lawyers by providing an in-depth understanding of their rights and the other parties responsibilities;
Check for domestic violence or unfair pressure;
Obtain protection of the person and property if necessary; and
Determine best course of action and take appropriate action.
Family Law: Parenting Matters
Once a relationship has broken down and separation occurs, the parents have to come to a decision relating to the children of the family. With assistance of lawyers, the parents have to be able to resolve the issue of time with each parent and also who makes important decisions about the child.
If parents are unable to reach agreement the matter may have to proceed to Court. Under the Family Law Act 1975 the Court has to make parenting orders that are in the child's best interest on the following (however not limited to):
Who the children live with;
When and how do parents spend time with the child (e.g. parents rotate weekends with the children, arrangements for special days such as birthdays, Christmas, father’s and mother’s day, etc); and
Who is responsible for making long term parenting decisions about important things such as school, religion and medical treatment.
The Court takes into consideration whether domestic violence has occurred and also whether arrangements are practicable. Representation by experienced lawyers is advisable.
If parents can reach an agreement:
If parents are able to reach an agreement without having to go to Court it is important this is done in writing. There are two ways to do this under The Family Law Act 1975 including Consent Orders and Parenting Plans. Note: Parenting Plans are however not enforceable by the Court.
Family Law: Division of Property
The division of property after separation can be particularly stressful and difficult territory to navigate. It is important to know your legal rights and find out what you are entitled too.
You may need to get some preliminary legal advice from reliable lawyers in order to know what is the best way forward in your property settlement.
It may be possible to come to an agreement outside of court however if both parties are not agreeable, and depending on the length of the relationship, whether children are involved, the parties contributions and the amount of assets involved then you may need the advice of a lawyer.
The Family Court determines the way property is divided between married persons and de facto partners after separation depends on the Family Law Act 1975.
In order to reach an agreement about how property will be divided up certain steps have to be taken. This is a quick reference to the preliminary steps needed to be taken to start considering how to divide property between the parties.
Terry Anderssen Solicitor is highly experienced in family law matters relating to separation, divorce and the division of property between the parties and can help you navigate this process.
Property division can be achieved at any time after separation; however there are time limits to take into account if the parties cannot reach agreement and have to go to Court.
The end of a marriage is when a divorce is obtained and this is triggered by a separation in the marriage. To move beyond separation and start proceedings for a divorce, an application for divorce has to be made. This is often an emotionally difficult decision to make.
What are reasons for divorce?
It is not obligatory after separation to obtain a divorce however if one of the parties to the marriage wants to re-marry a divorce is necessary. Other reasons for divorce may include property settlement or estate planning.
What services does Terry Anderssen provide for separation and divorce?
Terry goes beyond other lawyers to provide his clients on Brisbane’s Northside with a compassionate approach and support during this process with an understanding of divorce and any legal ramifications. Terry Anderssen Solicitor will advise clients:
The process involved in applying for a divorce after separation;
A client's eligibility to apply for a divorce;
The process of serving your Application for Divorce on your spouse; and
Whether the client will need to go to Court.
It is important to note that when you are divorced either an application has to be made to the court to finalise property settlements or your matters relating to your property within 12 months.
The Court may make an order awarding spousal maintenance in certain circumstances if one of the partners is having difficulty supporting their children or themself.
The reason for awarding spousal maintenance may relate to one party having substantial assets or one party being unable to support themself with a lower income earning capacity in comparison to the other party.
If the parties cannot reach an agreement as to any spousal maintenance, then generally the lower income earning party will make an application to the court for a spousal maintenance order.
A party may make an application for spousal maintenance to the Court if an agreement cannot be reached.
A spousal maintenance order might include:
A lump sum (one off) be paid to one party;
A regular payment (weekly, fortnightly etc) smaller amount be paid to a spouse;
That one spouse for sole occupation of a premises or make arrangments for approproate accomodation, or provide a car to the other partner; and
That one spouse pay certain expenses or specific bills such as repayments of loans or health insurance and so on.