Family Lawyer Campbelltown
Family Law Services for Campbelltown Clients
Parenting
Property Settlement
Divorce
Estate Planning
Maintenance
Getting Divorced: What Campbelltown Clients Should Know
A divorce legally ends a marriage. It is separate from dividing property and settling parenting arrangements, which are usually dealt with before the divorce. The Federal Circuit and Family Court of Australia sets out these requirements:
- You must have been separated for at least 12 months, with no reasonable likelihood of getting back together.
- If you lived under the same roof for any part of those 12 months, you need to file affidavit evidence explaining the separation.
- If there are children of the marriage under 18, the Court must be satisfied with the arrangements for them before it grants the divorce.
- In many cases you won’t need to attend the divorce hearing, but you must attend in some situations, such as when your spouse opposes the application.
- Once your divorce is final, you have 12 months to apply for property orders. After that you need the Court’s permission.
Our family lawyers can prepare your application, handle the extra paperwork for a separation under one roof and make sure property and parenting matters are dealt with in time.
Why Campbelltown Clients Choose Caldwell Martin Cox
A Choice of Male and Female Solicitors
Our family law team offers a choice of male and female solicitors, all with solid family law experience. Family law is personal, and we handle every matter with care for you and your children.
A Proper First Consultation
Some firms offer a short free meeting that only covers the basics. Our first family law meeting lasts about an hour, is charged at a reduced rate, and gives you legal advice and strategies tailored to your situation.
Led by Jillaine Duve
Our family law team is headed by Jillaine Duve, a lawyer since 1998 who has worked in family law since 2004. A former Crown Prosecutor and a registered Family Dispute Resolution Practitioner, Jillaine regularly appears in court at Parramatta, Wollongong and Sydney.
An Accredited Specialist in Family Law
Managing Partner Bill McGookin has been a Law Society Accredited Specialist in Family Law since 1997. Partner Sarah Searle, born and raised in Camden, principally practises in family law and estates.
Resolving Matters Without Court Where Possible
Jillaine believes family law is emotional enough without the lawyers following suit. The overwhelming majority of her matters are resolved without a court decision, but when litigation is the only option we prepare and present your case firmly.
Get Advice Early
The first weeks after a separation are often the hardest, and advice early on helps you avoid steps that are hard to undo. Send us an enquiry and one of our team will contact you within 24 hours.
Family Law Questions from Campbelltown Clients
Do you have an office in Campbelltown?
We don’t have a Campbelltown office. Our offices are in Narellan, Camden, Gregory Hills and Picton. Call 02 4651 4800, Monday to Friday, 8.30am to 5.00pm, to arrange an appointment with our family law team.
How long do I need to be separated before applying for a divorce?
At least 12 months, and you need to show there is no reasonable likelihood of resuming married life. You can still apply if you separated but lived in the same home for some of that time, with extra affidavit evidence.
Is there a time limit for property settlement?
Yes. Married couples must apply within 12 months of their divorce becoming final, and de facto couples within two years of the relationship breaking down. Outside those limits you need the Court’s permission.
Do we have to try mediation before going to court over the children?
In most cases, yes. Family dispute resolution is required before filing a parenting application unless an exemption applies. We can prepare you for mediation, attend with you and draft consent orders if you reach agreement.
Do I need a divorce before we sort out property or the children?
No. A divorce does not decide property, finances or parenting arrangements, and those issues are usually dealt with before the divorce. If you agree, the arrangements can be made legally binding with consent orders.
What does spousal maintenance involve?
Spousal maintenance is financial support paid by one former partner to the other, usually weekly and for a set period, on top of any child support. It usually applies where one person earns much more than the other, and time limits apply.
What happens at the first consultation?
Our first family law meeting lasts about an hour and is charged at a reduced rate. Rather than general information about the family law system, you get legal advice and strategies tailored to your situation. Send an enquiry and one of our team will contact you within 24 hours.
Do parenting arrangements have to go through court?
Not as a contested case in most situations. Parents usually formalise their arrangements with court orders made by consent, covering who the children live with, time with each parent and how decisions about schooling, health and travel are made. That gives you and the children security and certainty.
Can child support be arranged privately?
You can apply for a child support assessment soon after separating, then choose to have it collected for you or pay each other directly, keeping a record of every payment. We can also negotiate and prepare Binding Child Support Agreements.