At Nicholas George Lawyers, we are experienced in assisting our client’s in resolving their family law matters in an efficient, professional and cost effective manner. Our lawyers always ensure that we have our client’s best interests in mind when negotiating family law settlements and drafting family law agreements for our clients.
Family law is an area which requires superior negotiation and advocacy skills under a ‘pressure cooker environment’. As such, our solicitors all understand the pressures and stress that are associated with family law matters. The Principal Solicitor, Mr Nicholas Georgeopoulos (“Nicholas George”) and the firm’s senior solicitor, Ms Lydia Santoso personally take responsibility for the firm’s family law matters. This ensures that the best possible representation is provided and the best outcome is achieved for all of the firms clients.
Mr Georgeopoulos is known for his thorough, straightforward, and compassionate approach in finalizing family law matters on behalf of the firm’s clients. Mr George and Ms Santoso are also experienced in negotiating and drafting family law agreements and consent orders which relate to the division of matrimonial assets and also appropriate orders in relation to the custody and visitation rights in relation to children.
Our lawyers will always strive to achieve a settlement of each family law matter on terms which are favourable to you and we will always attempt to avoid the commencement of costly court proceedings. Should however court proceedings be unavoidable, our lawyers will vigorously fight on your behalf and engage the best barristers to fight for you in the Family Court.
FAMILY LAW CONSENT
IN FAMILY COURTS
The first and most common method of finalizing family law property and children matters is by drafting what are called “Family Law Consent Orders”. This is where the parties reach agreement on the division of their matrimonial assets. “Consent Orders” are drafted in order to legally put into effect the intentions of the parties. These orders will include agreement on how the assets of the parties are to be divided and can also include agreement on the children including who the child(ren) will live with and then the arrangements in relation to how often the other parent will spend time with the child(ren). The Family Law Consent Orders are then registered in either the Family Court or the Federal Circuit Court and become legally binding on the parties. Each party must obtain what is called “Independent Legal Advice” from a lawyer and have the document explained to them to ensure that they understand it prior to signing it and prior to lodgment in Court.
PURSUANT TO THE
FAMILY LAW ACT
The second method that is available for parties to legally finalise their assets after separation in a binding way is by entering into a “Financial Agreement” pursuant to the Family Law Act 1976. These operate in much the same way as the “Family Law Consent Orders” mentioned in Option 1 above in that the parties agree as to the division of their assets and then an Agreement is drafted by the solicitor for one of the parties and then each party obtains “Independent Legal Advice” on the Agreement. Unlike Family Law Consent Orders, Financial Agreements are not lodged in the Family Court or Federal Circuit Court. They are private agreements between the parties and kept by them in order to evidence the agreed settlement.
MADE BY THE
FAMILY COURTS FAMILYLAWCOURTS
The third and final option in order to legally resolve Family Law Matters is for a party to make what is called an “Application for Final Orders” to the Family Court or Federal Circuit Court in relation to property assets and/or children (parenting orders). The Court will then make a determination under Sections 79 & 75(2) of the Family Law Act. This is of course the last resort when couples are unable to reach agreement on the division of their assets and the terms relating to their child(ren). A Judge of the Family Court or Federal Circuit Court will then determine what orders are to be made for the division of the matrimonial assets and in relation to the children of the marriage. Evidence will be submitted on behalf of the Husband and the Wife by their respective solicitor’s and the parties will ordinarily need to give evidence in Court under oath (or affirmation).