Family Law

Separation and Divorce

If you are married and have been separated from your spouse for a period longer than 12-months, you are eligible to apply for a divorce. This is an official and legal ending of the marriage. We can help you initiate the process and see you through divorce proceedings all the way to the finalisation of the matter.
Other legal matters relating to child custody, property settlement, and alterations of Wills are commonly additional matters that arise during and after separation and divorce. Our lawyers are here to provide you assistance and advice for resolving any of these legal issues.

De facto Relationship

If you are in a relationship, however, are not married, but you behave as if you are, then your relationship may be classified as de facto. In Australia, the family law applies to de facto relationships, so if you are in or believe to be in such a relationship, we can offer you assistance and advice on matters such as de facto property claims and settlement and financial arrangements.
If you are unsure if your relationship would be classified as de-facto, please contact our offices today and one of our experienced solicitors are happy answer any questions you may have in relation to your relationship status.

Property Settlement

Property settlement refers to the division of assets and liabilities following the breakdown of a marriage or de facto relationship. There is no fixed split of what each party should receive in a property settlement matters. Our Solicitors at Joss Legal can provide advice on your entitlements with the view to achieve an appropriate settlement as quickly and efficiently as possible. Our solicitors can assist you in ensuring that any agreement you reach is legally binding, as well as assisting you in taking action if you cannot reach an agreement with your former partner.

Parenting Matters

If you are having issues determining the care arrangements of a child, our staff can assist. It may be your child following the breakdown of your relationship, perhaps you have had a child and never been in a relationship, or perhaps you are a grandparent or family member wanting to spend time with a child. No matter the scenario, or solicitors can assist you with your parenting matter.

Binding Financial Agreements

A binding financial agreement, sometimes commonly known as a ‘pre-nuptial agreement’ is an agreement that can be reached either before, during or after a relationship. It can be drafted to cover both de-facto and married couples. It is an agreement that enables parties to determine the division of their financial assets without the intervention of the Family Court. It is never too soon to draft a Binding Financial Agreement to protect your assets and income. At Joss Legal, we are able to assist you with the drafting, corresponding, advice and finalisation of your Binding Financial Agreement. Further to this we are able to answer any questions you may have in relation to this matter.

Spousal Maintenance

Under circumstances where a spouse or de facto partner is unable to support and maintain themselves from their own income and assets following the breakdown of a relationship, a person in a marriage or de facto relationship may be responsible for providing financial support to the first mentioned spouse or partner. This is commonly the case in circumstances where a partner or spouse is in ill-health or in situations where a parent has ceased to work to care for young children.

Child Relocation and International Relocation

Relocation of a child or parent can significantly impact a child. If you are wanting to relocate with a child either interstate or overseas our lawyers can assist. If someone is, or has relocated interstate or overseas with your child we can also assist. Relocation cases are complex as they affect the child across many areas of their present and future lives. If you plan to move interstate or overseas with a child, please consult our offices to explore your options.

Parental Alienation

Parental alienation is the exclusion of one parent from a child’s life. This is often done by the other parent following the breakdown of a relationship. If you think that you are being, or have been alienated from your child’s life, taking action as soon as possible is your best option. Our solicitors have experience assisting clients who have been alienated from their children. Alienation cases are often quite complex, so having experienced solicitors to guide you is crucial. Our solicitors can assist you with your alienation matter.

Consent Orders

Consent Orders are often a less time consuming and a more cost-effective method of
resolving family law disputes. At Joss Legal, we can assist by facilitating negotiations
between yourself and the other party to formalise an agreement about parenting, financial,
property or other arrangements. We can also assist you with all of the required documents to
obtain Consent Orders, including liaising with the Family Court.
Final Consent Orders once approved by the court bare the same weight as all other court
orders. Contact us today for assistance in drafting your Consent Orders.