I have extensive experience in negotiating and preparing Domestic Contracts, and can help you structure your affairs, and provide creative solutions to suit your specific needs.
Family Law is unique to any other area of law or Litigation, in that you and your partner or spouse may be required to co-exist and communicate after the proceedings are concluded. This may be because you have children together, and you are required to communicate with respect to the parenting issues, consult each other regarding major decisions regarding the children that arise from time to time, and cooperate with respect to financial support of the children. If at all possible, you should attempt to settle your issues amicably in a contract, rather than have the final determination of these issues imposed upon you by a Judge.
Domestic Contracts, and especially Separation Agreements should contain all terms relating to your global settlement, including Custody, Access, Child Support, section 7 Special or Extraordinary Expenses, Spousal Support, Net Family Property Equalization and Property Division.
Cohabitation Agreements and Marriage Contracts are becoming more common, particularly where one of the parties has been divorced before and/or have children from a previous relationship. These agreements made before or during marriage allow you to set out in a contract how you will divide your property in the even of a relationship breakdown, or in the event that one of you passes away. You can make these arrangements amicably, and fairly now, and rely upon these arrangements in the event of a marriage breakdown or death.
Most of the time, in the event that parties separate and do not have a Cohabitation Agreement or Marriage Contract, a global settlement of all issues is negotiated and set down in a Separation Agreement.
We encourage our clients to engage the services of a Mediator/Arbitrator to assist them in reaching a global settlement, or at least narrowing their outstanding issues. Mediation/Arbitration is an Alternative Dispute Resolution mechanism to Court Litigation. It is much less adversarial than the Court process, and promotes amicable co-parenting and communication after the parties separation and the divorce is finalized.
An Uncontested Divorce proceeding is one where your only claim is for a Divorce Order, such as with marriages of short duration, or marriages where there are no children and no property disputes.
It is normally recommended that parties first negotiate a Separation Agreement outlining settlement terms with respect to all issues, such as Custody, Access, Child Support, section 7 Special or Extraordinary Expenses, Spousal Support, Net Family Property Equalization and Property Division. Subsequently, one of the parties, or both of the parties jointly, may file an Application for Divorce (Simple), on an uncontested basis. Alternatively, a Divorce Order may be obtained within a Contested Divorce Application, in which a claim for Divorce is only one of many issues.
I recognize that litigation is a last resort. Family law is unique and different from other litigation areas because you more often than not are required to continue to communicate with your spouse after the litigation is concluded. I try to minimize post-separation problems in order to maintain as civil and positive a relationship with your ex-partner or spouse and children as possible. I have extensive experience in making Applications and Motions, including Applications and Motions to vary and challenge existing Agreements or Court Orders. I have been on both sides of litigation disputes and am experienced in guiding and defending clients in Court Proceedings.
