family lawyer central coast
Separation & property settlements
Are you experiencing the hardships involved in a relationship breakup? Do you need expert legal advice regarding parenting issues or how your property gets divided? A marriage or relationship breakdown is considered to be one of the most stressful situations that you may encounter in your lifetime.
A family lawyer on the Central Coast can guide you through this difficult time through providing expert legal advice. Linda Emery & Associates is a law firm based in Gosford and serving the Central Coast. Our team offers a range of legal services and advice in conveyancing, family law, estate work, wills, powers of attorney, litigation including Local Court, criminal matters and AVOs.
Linda Emery has over 30 years experience and can assist you during this challenging time in your life. Your family was established by strong ties and deep feelings. It’s only natural, then, that family law proceedings can be emotional. If you feel at a loss as to how you should proceed, call our family lawyer.
About Our Experienced Family solicitor
We are an experienced law firm, that has been operating for over 20 years. All of our staff pride themselves on being friendly and supportive, aiming to meet every client’s needs. Linda Emery offers decades of family law experience.
Linda Emery has over thirty years of legal experience and has expertise in many areas such as family law and estate matters and litigation. She is highly knowledgeable and empathetic and is also a member of the Law Society NSW.
But she does more than just defend your case. By informing you of your rights under the law, Linda Emery helps you make deliberate decisions on your own behalf.
As a team, we are committed to helping you work through your legal issues, with support given through every step of the way.
As an expert in family law we can assist you with a range of issues involving your family. Whether you are experiencing a relationship breakup, parenting issues or property disputes, our team can help. We can guide you through all the complexities of family law. This includes the legal and social changes following a divorce or separation and legal proceedings such as court appearances. We can also show you what resources are available to help with the process.
As you’re guided through the complexities of family law, you can expect the following.
- Legal and social changes following a separation, divorce or parenting matters
- Legal proceedings, including official documentation and court appearances
- Resources available to you, including those offered by your community, community agencies, family law courts and New South Wales’ state government
Whether you’re putting together a pre-marriage agreement or facing a divorce, contact Linda Emery, your family lawyer on the Central Coast. To learn more about your options and how our legal team can help, search the options shown below.
If you are applying for divorce, the court will need to know several factors surrounding your relationship.
At Linda Emery & Associates we can advise you on how to proceed, as well as provide further advice on the information you need to provide in court, including:
- Your length of the marriage. If you have been married for a length of time less than two years, special circumstances may be required for the divorce to proceed.
- Any arrangements involving children, if applicable. Linda Emery & Associates is an experienced family law business committed to achieving the best outcome for all families.
- • The period of separation, including any brief times of reconnection. You must have been separated for at least 12 months before a divorce from the courts will be granted.
If you are looking to remarry, it’s important to note that you must have been formally divorced first.
A Binding financial agreements is one method to fomalise a family law property settlement. This can be done whether it is the breakup of a marriage or defacto relationship.
To be enforceable this agreement must comply with precise rules and thus requires independent legal advice for both parties.
At Linda Emery & Associates, we can provide you with legal advice with making binding financial agreements.
The law will recognise your relationship if you and your partner – live together in a de facto relationship as partners on a domestic basis for a qualifying period or have a close personal relationship which is between two adult persons, whether or not related by family, where one or other provides domestic support and personal care, which must not be for fee or reward.
The Family Law Act now applies to de facto relationships as well as marriages. You are able to seek spousal maintenance if you cannot support yourself and if your partner is able to pay maintenance to you. We can provide you with advice on how to pursue such a claim.
When undergoing separation, care must be taken to ensure that as little impact is made on any children involved. Reaching an agreement with your ex-partner is often the simplest way to determine a parenting arrangement. If this isn’t possible, our team can guide you through the process of applying to the court for orders if an agreement cannot be reached.
A parenting plan is a written agreement that sets out parenting arrangements for children. It is not legally enforceable, as opposed to a parenting order, which is made by the Court. A parenting plan is worked out and agreed upon jointly and can avoid you and your former partner from going to court.
If you are unable to financially support yourself after a separation, you may be eligible for spousal maintenance. We can provide you with expert legal advice to ensure that you claim what you are entitled to.
Arranging how property will be divided after a separation involves several key steps. Assets and contributions made by each party must be determined to ensure the property is settled fairly. In this situation, Linda Emery can help you to understand your rights and the most suitable option for your property settlement.
Parties to a case have a duty to make timely, full and frank disclosure of all information relevant to the issues in dispute. Parties should promptly exchange copies of documents in their possession or control relevant to an issue in the dispute before and during a case.
Family Law Solicitors
If you are separating from your partner, whether married or a defacto partner you may need advise on how to divide your property. It is important that you know of the time constraints and other relevant guidelines. For example, any court orders must be applied for within one year from the date of divorce finalisation or 2 years from the date of separation if a defacto relationship.
You may also be eligible to apply for spousal maintenance. At Linda Emery & Associates we are a local firm on the Central Coast with over 35 years experience and we are here to help.
For legal advice surrounding filing for divorce or a property settlement, get in touch with the Linda Emery & Associates team.
Family Law FAQs
Our team is experienced in family law, estates, conveyancing as well as several other key areas. Most people will need to use a solicitor at some point in their lives, which is why at Linda Emery & Associates, we aim to make the process as stress-free as possible.
When should I contact a family lawyer for a family matter?
Family matters can happen at any point in life. It is important to seek help as soon as soon as possible. Whether you’re considering separating or are already separated, Linda Emery & Associates is here to help you.
What family matters services does Linda Emery help with?
Linda Emery is experienced in all family matter services. Whether you have issues regarding parenting arrangements or organising a property settlement or want to organise a divorce, we are here to give you expert advice.
Is going to the courts always the best option?
While going to the courts is sometimes necessary to settle a dispute, it also requires time, money, and emotional strength. At Linda Emery, we can advise you on the best course of action for an amicable and beneficial outcome for all.
From what age can a child choose which parent to live with?
Linda Emery & Associates can help settle a parental arrangement dispute, taking into account the emotional and physical needs of your child or children.
Can you represent yourself in a family law case in court?
While you are free to represent yourself should you find yourself in a family related court dispute, it is highly recommended that you retain an experienced family lawyer to ensure the best result when it comes to your family. Linda Emery lawyers can break down the process for you and make the ordeal as stress-free as possible.
For legal advice regarding any of the above information please contact our friendly and expert team at Linda Emery and Associates on 02 4323 4766 today!
SO MUCH MORE THAN JUST LAW