Leading Family and Divorce Lawyers in Mackay

Mackay’s Trusted Family & Divorce Lawyers

Just separated or thinking about separating?

Separation can be a very distressing time for the whole family. Our experienced team of family and divorce lawyers in Mackay are here to help you with the utmost respect, discretion and care.

If a relationship breaks down, whether it be a marriage or a de facto relationship, we’re here to guide and assist you with the issues that may arise.  We have experience in dealing with all areas of family law, including:

• Property (the division of property);
• Spousal maintenance (ongoing support for a party to a relationship)
• Financial agreements (both before, during and at the conclusion of a relationship);
• Parenting (determining the care arrangements for children);
• Divorce (the formal dissolution of a marriage);
• Child support.

Not sure where to start with a divorce lawyer or if you want to separate?

Here are some frequently asked questions and local support services that might help you plan the days ahead.

As divorce and family lawyers for Mackay, our aim is to provide you with information that can assist you to make the right decisions for you and your family.

We’ve partnered with Settify to enable us to provide you with preliminary advice tailored to your situation by answering a few questions at a time and place that suits you.

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Our Family Law Practice Areas in Mackay

Separation can be an incredibly stressful time for all – especially when there are children and financial assets that need to be resolved.

Family law in Mackay and wider Australia is comprehensive and encompasses everything from the division of property, to parenting arrangements (including child support) and the formal dissolution of a marriage (divorce).

To discuss any concerns or for further information regarding the operation of family law in Australia and your rights, please enquire online or get in touch with our divorce lawyers in Mackay.

Property Settlement & Financial Matters

When it comes to separation, finances are often one of the first issues you would like to resolve. When going through a separation, you want to ensure that your financial assets are sorted in a calm and responsible manner.

The division of property can be a particularly contentious issue, particularly when one party may have to quit the marital home. We can provide support to homeowners who are still occupying a property, as well as those who are looking to gain a reasonable share of a property sale.

At Macrossan & Amiet, our family lawyers in Mackay can provide assistance in relation to all relevant issues concerning the division of your assets and any ongoing financial support that you might require you to take steps to resolve your property settlement. This can include spousal maintenance, property settlements, child support and binding.

Divorce Law

Divorces are rarely pleasant experiences: no matter which side of the fence you’re on, our team is able to represent your interests and do our utmost to ensure you receive the outcome that you’re looking for. We can advise at every stage of divorce proceedings, optimising the chances of ensuring that the end of a marriage or civil partnership is as stress-free as possible.

If you’re considering applying for this form of separation, make sure you know how this area of law in Australia works. Our divorce lawyers in Mackay can guide you through the process, including making an Application for Divorce on your behalf and when an appearance in Court is necessary, appearing for you at the hearing.

Remember that, if you and your separated spouse have children together, the Court needs to know that arrangements have been made for the children before the divorce can proceed.

Financial Agreements

Financial matters shouldn’t be left unresolved. Doing so can allow tensions and frustrations to rise, and potential costs to mount up and can make what might otherwise have been a simply settlement more complicated and difficult to resolve.

Financial arrangements are something that needs to be considered at all stages of the separation and divorce proceedings. In many cases, it’s better to seek banking law legal advice early on, so that you are aware of your financial rights and responsibilities.

Spousal Maintenance

• Spousal maintenance specifically refers to supporting a former partner in the case that their income doesn’t allow them to meet their day-to-day expenses.
• This can mean that the higher earner of the separated couple pays towards the living costs of their former partner.
• Spousal maintenance is maintenance for a spouse and is not to be confused with Child Support.

Property Settlement

• Property settlement is the process of distributing the assets between the parties of the former relationship in a just and equitable manner.
• Whether you and your former partner were married or in a de facto relationship, a property settlement may be the right option for you.
• Contrary to popular belief, if you and your former partner are married, you do not need to be divorced to enter into a property settlement.
• Any separated couple can take part in property settlement proceedings in order to speed up the transition to a truly separated life.

Binding Financial Agreements

• Binding financial arrangements, commonly referred to as pre-nuptial agreements can be entered into before, during or after relationships end and usually include binding arrangements for the couple’s finances in the event of the breakdown of a relationship.
• This can include how assets will be divided, any financial support and any other financial issues requiring planning in advance.

Mediation & Parenting Agreements

If you have children, one of the most important aspects to consider when separating is how the proceedings will affect your children. Separation can be a daunting and anxiety-inducing process for children, so it’s important that when negotiating and reaching a parenting agreement the best interests of the child is the parents’ main consideration

Our  family lawyers in Mackay assist with a range of parenting matters, including who a child lives with and how that child is supported financially by each of its parents.

Don’t let separation destroy your family – call in our family law experts to assist you in making the best decision for your family.

Parenting

• The main concern of family law in Mackay and wider Australia in relation to parenting, is to ensure parenting arrangements are made in the child’s best interest. Family law also focuses on the needs of a child  ensuring that both parents are involved in their child’s life, and protecting children against any threat of violence or psychological harm.
• Parenting arrangements can often be agreed upon between the relevant parties with little to no involvement from the Court.
• When parents are able to reach an agreement between themselves this should be reflected in a legal document. Depending on your circumstances, we can assist you in the preparation of parenting Orders or a Parenting Plan.
• In circumstances where parenting arrangements cannot be reached without the assistance of the court, the Court may be required to make the final decision on parenting arrangements.

Child Support

• Child Support is dealt with through the Child Support Agency. The  Agency will look at each parent’s income and the parenting arrangements and determine the amount of Child Support one parent is required to pay to the other parent.
• Child Support can alternatively, be privately agreed upon between parties. In this situation, a Binding Child Support Agreement needs to be entered into by both parents.

Paternity/DNA

• You can receive a court-ordered paternity test, which can have significant impacts on the current state of child support regarding the child in question.
• For example, a test finding that a man is the father can lead to him being required to pay child support based on income, and vice versa with the recovery of funds possible for proven non-parents.

Child Recovery Orders

• In the event, one parent unilaterally takes a child without the other parent’s permission, against their current agreement or Orders, the other parent can apply for a Recovery Order. These Applications are usually urgent and heard by a Judge quickly.
• Once a Recovery Order is made, the Police can assist in locating the child and having the child returned to the parent/ guardian who made the Application.

Grandparents’ Rights & Extended Family

• Under the Family Law Act, grandparents have the right to be involved in the life of their grandchildren. This recognises a right to spend time with, and care for, grandchildren, however, it is a secondary right to that of the parent.
• If a grandparent believes this right isn’t being upheld, they may make an application to a court in order to get further access to their grandchildren.

Spousal Maintenance & Mediation

Maintenance can be a difficult subject that generates heightened emotions in both parties. We strive to provide effective mediation, finding a solution that’s reasonable at the same time as benefiting our client. We try to save our clients money at all stages of proceedings, promoting amicable agreements over court proceedings if possible, as these are a more cost-effective option.

Mackay Family Lawyers Committed to Amicable Outcomes if Possible

Our legal team understand how painful separation and divorce can be, and how tempting it can be for wronged parties to seek vengeance via the court system.

Protracted court proceedings rarely result in the best outcome for our clients, which is why we generally advocate an approach based on skilled mediation.

Studies show that parties who handle divorce and/or separation matters through mediation and compromise are more likely to get the outcomes they’re looking for at a lesser cost than cases that engender protracted court proceedings.

If you have a family law matter that you require assistance with, Macrossan & Amiet are here to help. Call on (07) 4944 2000 to book an appointment.

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