Family Lawyer Central Coast
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 family lawyer serving the Central Coast with over 30 years experience and can assist you during this challenging time in your life.
Our team offers a range of legal services and advice in:
Our Experienced Family LawYERS
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:
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.
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.
A Binding Financial Agreement, or BFA, is a document that sets out the arrangement for the division of assets in the event that a couple separates. It can be entered into before marriage, during a marriage or after a divorce, before a de facto relationship, during a de facto relationship or after the breakdown of a de facto relationship.
Requirements of a Binding Financial Agreement
In accordance with Australian Family Law, a BFA needs to meet the following conditions:
Termination of a Binding Financial Agreement
A BFA can be terminated under the following circumstances:
The termination agreement must be entered into by all parties, and each party must have received independent legal advice.
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.
Spousal maintenance is a weekly payment made to support the other spouse. It is made under recognition of the mutual responsibilities each member of a marriage or de facto relationship has to the other. Spousal maintenance applies throughout Australia. It takes into consideration any or all of the following factors:
These factors are by no means exhaustive – the courts have a degree of discretion and flexibility.
Is Spousal Maintenance The Same As Child Support?
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.
Skilled family mediation seeks to help both parties reach an agreement outside of the courts. Mediation is done with the understanding that there may be anger and hurt on both sides, and that an agreement will be hard to reach.
Family mediation applies the rule and protection of the law in a sensitive and effective way. As experts in this field, we offer a sound and experienced route to settlement. This can help avoid excessive court costs and reduce the time it takes to reach an agreement – mediation can often last weeks rather than months.
Mediation is a way for both parties to move on with their lives, and a can be a way to reduce the trauma of separation.
Contact The Leading Family Lawyers on the Central Coast
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 family lawyers 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 today by phone on , by or by using our contact form to get in touch with our legal team in Cenrtal Coast.
Frequently Asked Questions
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.
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.
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.
Linda Emery & Associates can help settle a parental arrangement dispute, taking into account the emotional and physical needs of your child or children.
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.