Family Lawyers in Narellan
Our Family Lawyer Services in Narellan
Parenting
Property Settlement
Divorce
Estate Planning
Maintenance
What Happens After You Separate
Every separation is different, but most family law matters work through the same issues. This is how we usually help Narellan clients approach them:
- Get advice early. The first weeks after separating are often the hardest, and early advice helps you avoid steps that are difficult to undo.
- Arrange care of the children. Parents can agree on arrangements and formalise them with consent orders. If you can’t agree, family dispute resolution is required in most cases before a court application.
- Work out the property settlement. The asset pool is identified, each person’s financial and non-financial contributions and future needs are assessed, and the outcome must be fair and just to both parties.
- Watch the time limits. Married couples must apply for property orders within 12 months of a final divorce, and de facto couples within two years of the relationship breaking down.
- Apply for divorce. Once you have been separated for at least 12 months, you can apply on your own or together with your spouse.
- Update your estate planning. Review your Will, Power of Attorney, Enduring Guardian appointment and superannuation beneficiaries.
Why Narellan Families Choose Caldwell Martin Cox
Family Law Team Based in Narellan
Jillaine Duve, who heads our family law team, is based at our Narellan office. A lawyer since 1998 and in family law since 2004, she is a former Crown Prosecutor and a registered Family Dispute Resolution Practitioner.
An Accredited Specialist in Family Law
Managing Partner Bill McGookin became a Law Society Accredited Specialist in Family Law in 1997 and is a member of the Family Law Section of the Law Council of Australia.
Experienced Across Family Matters
Partner Sarah Searle principally practises in family law and estates, and David Borg has a particular interest in helping clients who have both family law and criminal law issues.
A Choice of Male and Female Solicitors
Our family law team gives you the choice of a male or female solicitor, all with solid family law experience and excellent reputations.
An Hour-Long First Meeting
Rather than a short free chat, our first family law consultation lasts about an hour at a reduced rate, so you leave with legal advice and a strategy for your situation.
Court Only When Needed
The overwhelming majority of Jillaine’s matters are resolved without a court decision. When litigation is the only option, she regularly appears in court at Parramatta, Wollongong and Sydney.
Family Law Questions from Narellan Clients
Do I need a divorce before sorting out property?
No. Property and parenting are separate from divorce and are usually dealt with before it. If you are married, once your divorce is final you have 12 months to apply to the Court for property orders.
What if we agree on everything?
You can make your agreement legally binding with consent orders or a financial agreement. We can draft the documents and explain what you are agreeing to.
Can we be separated and still live together?
Yes. Couples often separate but stay under the one roof for financial reasons. That time can still count towards the 12 months, but you’ll need affidavit evidence with your divorce application.
Do I have to go to court for my divorce?
Often not. You won’t need to attend the Court registry in person, and in many cases you don’t need to attend the hearing at all. You must attend in some situations, such as when your spouse opposes the application.
Should I update my Will after separating?
Yes. After separating you should review your Will, Power of Attorney and Enduring Guardian appointment, and the beneficiaries of your superannuation and life insurance.
How are parenting arrangements made official?
Most parents formalise their arrangements with consent orders. These can cover where the children live, time with each parent, changeover arrangements and decisions about schooling, health, religion and travel.
How do we divide property if we can't agree?
Options include negotiating directly, negotiating through lawyers, or mediation with or without lawyers present. If agreement isn’t possible, the Court can decide, working through the asset pool, each person’s contributions, future needs and whether the result is fair.
What is spousal maintenance?
Financial support from one former partner to the other, usually paid weekly for a set period on top of any child support. It can apply to married and de facto couples, and time limits apply, so it is best to get advice soon after separating.
Can a child support assessment be changed?
In certain limited circumstances, yes. For example, an assessment can be varied to take private school fees into account, which is why it matters that both parents agreed to the private schooling.
Where is your Narellan office?
8-10 Somerset Avenue, Narellan NSW 2567. We are open Monday to Friday, 8.30am to 5.00pm. Call 02 4651 4800 to make an appointment.