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:
- 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 Agreement is one method to formalise 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.
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:
- Each party receives independent legal advice
- A certificate detailing advice given is signed by both advisors
- The agreement must be in writing and signed by both parties
- Both parties are contemplating marriage or de facto relationship or contemplating separation or divorce
- A statement is provided that confirms each party has received independent legal advice about the advantages and disadvantages
- A copy of the legal practitioner’s statement is given to the other party
- It must deal with property, financial resources and/or spousal maintenance.
- Once the Binding Financial Agreement is signed one party must receive the original and the other party a copy.
- The agreement has not been terminated by the courts
- The agreement includes a separation agreement unless it is issued after divorce
Termination of a Binding Financial Agreement
A BFA can be terminated under the following circumstances:
- The agreement is found to be fraudulent – for example, because of non-disclosure of an asset
- The agreement was not prepared in line with legislative requirements
- Circumstances have changed to such a degree that the BFA is not workable
- Material changes have occurred – e.g., changes to the care and welfare of a child from the relationship
- Unconscionable conduct
- If an unliftable payment flag exists on a superannuation interest
- Superannuation interest is unsplittable
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.
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.
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:
- Care of children under 18 years of age
- Age and health of the parties
- Ability for employment
- Income, property and financial resources
- Commitments to each party has to themselves and others
- Opportunity for government support
- What could be considered a reasonable standard of living
- Impact on earning rights
- Rights of creditors
- Duration of marriage/de facto relationship
- Impact of marriage/de facto relationship on finances
- Any cohabitation with another party
- Any property settlement
- The amount of Child Support payable
- The terms of a Binding Financial Agreement
These factors are by no means exhaustive – the courts have a degree of discretion and flexibility.
Is Spousal Maintenance The Same As Child Support?
This is a common confusion. In fact, Spousal Maintenance is assessed separately from Child Maintenance or Child Support. It is purely built around support for one partner from another.
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.
Mediation
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 02 4323 4766, by email or by using our contact form to get in touch with our legal team in Cenrtal Coast.
Frequently Asked Questions
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