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Stevens Law - Lawyers Adelaide

 

Family Law

Free Initial Discussions

We offer a 30-minute free consultation to discuss the options available to you and how best to move forward in your particular circumstances.

 

When should you get a family lawyer?

You should make your first contact with a family lawyer when you have decided that separation is likely to occur, or immediately upon separating from your partner. The reason it is important to speak to a lawyer at an early stage in your separation is to ensure you are aware of your rights and entitlements prior to making any informal agreement or signing any Court documents without legal advice.

 

If your former partner has issued proceedings in the Family Court of Australia or Federal Circuit Court of Australia, you should contact a lawyer immediately to prepare a Response to Initiating Application and other supporting documentation.

 

Our Services

Whether you have already separated or are considering separation in the near future, we can provide advice on the best process for your specific needs. We can assist you by explaining the multitude of options available to you to resolve separation issues and prepare all the necessary legal documents to ensure a hassle-free process.

 

We can help resolve disputes regarding children and/or property such as:

  1. Who the children will live with;
  2. Who will remain in the family home or whether it will need to be sold;
  3. Who will pay the home loan and other family debts; and
  4. How to divide the household furniture and effects.

 

We can suggest the best process forward for your particular circumstance, such as:

  1. Family Dispute Resolution/Mediation;
  2. Consent Orders; or
  3. Issuing Court proceedings.

 

If you have reached an agreement with your former partner on either property or children’s matters, we can prepare an Application for Consent Orders and Proposed Consent Order to be filed in the Family Court of Australia to make your agreement enforceable by law.

 

If you are unable to reach an agreement, we can prepare documents and provide advice on going to Court to resolve your dispute.

 

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Separation

Separation is a difficult and emotional time for all involved. It can be difficult to determine what necessary steps need to be taken whilst you are trying to come to terms with the end of your relationship and family unit.


It is important to take a step back and care for your mental wellbeing during this process and seek help if required. We can assist you in obtaining the appropriate support through this difficult time whilst informing you of your options in moving forward.


Family Law Court

Family Law issues in South Australia are heard in the Family Court of Australia and the Federal Circuit Court of Australia which is situated in the Roma Mitchell Commonwealth Law Courts Building at 3 Angas Street in the Adelaide CBD.


The Family Law Act gives the Courts wide powers to decide issues such as how property is divided between couples, spousal maintenance, divorce, who your children live with (custody/residence), how much time your children spend time with each parent (contact/access), decisions about how your children are raised (e.g. health, schooling and religion), child support issues and enforcing existing court orders. 

At Stevens Law, our professional Family Law team understands that important decisions about your life are made in this area of law and that is why we are committed to providing you with the highest quality service. 

We are an experienced team with your best interests at heart and we are always committed to getting the best result possible for you and your family. 
Some Family Law matters attract Legal Aid assistance and you may be eligible for financial assistance. Please contact us to discuss the way forward and find out if you are eligible. 


For further information on the Family Law process, please call our friendly Family Law team at Stevens Law for a no obligation discussion today.


Divorce

At Stevens Law we understand that when a relationship breaks down it is a distressing time for all involved. We are here to help you through the divorce process with our fixed fee divorce service. 


Under the Family Law Act, divorce is Australia is “no fault” which means that you do not have to prove to the court that the marriage breakdown was caused by one of the parties. 

Most divorces lead to a property settlement which must be done within time limits as outlined under the legislation. Divorce and property settlements can be difficult and complex issues and it is best that you obtain professional legal advice.For further information, please call our friendly Family Law team at Stevens Law for a no obligation discussion today. 


Consent Orders

The best solution to resolving property and children matters is to reach an agreement outside of Court. This method provides for a more amicable separation and saves of legal costs. 


Parties can reach an agreement between themselves, however, such an agreement is not binding on either party until it has been filed and sealed by the Court through an Application for Consent 


Orders and Proposed Consent Order.

Consent Orders can be used to create a binding agreement in respect to care arrangements for children as well as property settlement and spousal maintenance. 


Consent Orders have the benefit of being sealed by the Court to make them enforceable without the stress of issuing proceedings.


How we can help:

  1. If you come to our office with an agreement, we are able to prepare an Application for Consent Orders and Proposed Consent Order outlining your agreement in the form necessary for the Family Court of Australia to accept; or
  2. If you are yet to reach an agreement, we can negotiate with your former partner or their solicitor until an agreement can be reached and then prepare the necessary documents to finalise the agreement.


We are able to offer fixed fees for this service.


How long do I have to resolve property matters?


If you were married, you must make an application for property adjustment within 12 months of the date of your divorce.


If you were in a de facto relationship, you must make an application for property adjustment within 2 years of the date of separation.


It is possible to make an application for property adjustment out of time, however, you will need to be granted special permission by the Court.

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