1. Divorce
For many, divorce is one of the most traumatic events of their life. The relationship you thought was for life is coming to an end, and it can be hard to comprehend what is happening, and what you need to do. You may find your spouse has become embittered and nasty, and you need a stable advisor to help you navigate safely through the legal aspects of the circumstances.
We represent all our clients through divorce proceedings with care and thoughtfulness. Our passion is to offer support through these trying times — helping you from becoming a victim and preventing you from doing things they would regret. We provide you with someone to talk to — who listens, understands, cares, offers solutions, and has the power to help.
By educating you on the processes involved, you become empowered to deal with what’s going on. Divorce doesn’t happen overnight — it can be a long and drawn-out process. Having the understanding and personal support of a family lawyer at Quill Legal helps you go the distance — you come out the other end stronger, with an acceptable outcome.
Our lawyers will aid you in investing in your own case through a strategy of care, support, and information. Together you will collaborate and build a relationship of trust and understanding. We will walk you through our thought processes, the laws pertaining to your circumstances, and how you can move forward with us by your side.
The team at Quill Legal can guide you through the separation process, filing for divorce, and assisting if another divorce lawyer has served you a notice. We will also set out information and arrangements for the care, welfare, and development of any children under 18 years of age that are part of your household.
2. Children and Family Law
At the time of separation or divorce, our children need as much love, support and contact from both parents as possible. While you may not be certain about other matters, like property or financial settlements, the future and stability are crucial for your children.
When you haven’t seen your kids for ages, and the process is very slow, it can be so frustrating for parents.
Our lawyers have a reputation for their strong belief in parents rights. Many of Quill Legal’s clients have come to us through local parenting groups. They’ve heard of our expertise in the family law areas of children, parenting, consent orders, joint custody, and support and maintenance.
Any agreements made concerning the length of time that the child or children should spend with parents, or other significant people, will be formalised by a parenting order or consent orders. Our strategy of gaining trust and understanding can be key to negotiating an agreement between both parties .
What is a Parenting Plan?
To grant a divorce, where children are involved, a judge must be satisfied that arrangements are in place for the provision of care of the children. This could take the form of either a parenting plan or a parenting order.
Quill Legal’s team will aid in the peaceful negotiation of a proposed plan for the care of any children. If an agreement can be reached, which suits both parties, and we believe it protects the rights of you, our client, a parenting plan could be the best way forward.
We will be on hand to give advice and help with negotiations, all the way through the process, or even just lend a friendly ear when you’re feeling emotionally stressed. Our lawyers are accessible and available to listen and put your mind at rest.
A parenting plan is designed to put the child’s interest first, but we will also protect your interests or commitment to your child.
How Does a Parental Order Differ?
Unfortunately, despite the best efforts of many family law mediators, an agreement on the arrangements of care for children can not always be reached. When this happens, a parental order is normally sought.
A parenting order can also be applied for either of the child’s parents, grandparents, or any other person connected with the child’s welfare and development — including the child itself.
Quill Legal will guide you through the court process, whereby they can make rulings on parental responsibility. This can include which parent a child should live with, how much time or access is granted to the other parent, and how a child should communicate with the other parent.
Our team will advise you on how laws concerning parenting apply to you — we can help negotiate with other parties and their legal representatives. Also, if needed, we’ll refer you to trusted agencies that can offer family law mediation.
Parenting orders can be as complicated and detailed as you want, including plans for certain times of the school year, or seasons of the year specifically. They can also be simple and relaxed, offering more flexibility and fewer visits to the court for broken orders.
Quill can offer free family law legal advice for a one-hour consultation, to discuss matters such as parenting.
What Is a Consent Order?
There are so many different terms that basically do the same thing. Here at Quill Legal, we aim to cut through the jargon and explain in clear English what each means. Our team speaks to you at all times in a language you understand.
As the name suggests, a consent order is made by a court when all parties have agreed upon or “consented,” to either property affairs, financial matters or the continuing care and parenting of their children. They can also be granted to couples where a marriage or de facto relationship has broken down.
While parenting issues could be informally achieved through a parenting plan, to ensure the agreement is legally enforceable, a court order is necessary. In addition, consent orders give a sense of finality to the agreement — only in exceptional circumstances are consent orders changed.
Although you could draft your own consent order, it may be rejected by many judges if there are what they see as errors. Quill Legal has over a decade of experience in applying for consent orders. As a consent order is difficult to overturn, it’s always recommended that both parties should receive legal advice from a family law lawyer — which Quill Legal offers.
How Does a Parental Order Differ?
Unfortunately, despite the best efforts of many family law mediators, an agreement on the arrangements of care for children can not always be reached. When this happens, a parental order is normally sought.
A parenting order can also be applied for either of the child’s parents, grandparents, or any other person connected with the child’s welfare and development — including the child itself.
Quill Legal will guide you through the court process, whereby they can make rulings on parental responsibility. This can include which parent a child should live with, how much time or access is granted to the other parent, and how a child should communicate with the other parent.
Our team will advise you on how laws concerning parenting apply to you — we can help negotiate with other parties and their legal representatives. Also, if needed, we’ll refer you to trusted agencies that can offer family law mediation.
Parenting orders can be as complicated and detailed as you want, including plans for certain times of the school year, or seasons of the year specifically. They can also be simple and relaxed, offering more flexibility and fewer visits to the court for broken orders.
Quill can offer free family law legal advice for a one-hour consultation, to discuss matters such as parenting.
Support and Maintenance
By law, in Australia, both parents are legally required to support their children financially. This may often involve one parent paying child support or maintenance to the other, to help with the costs of caring for and raising the child.
Child support should be paid for all children under the age of 18 living in Australia whose parents have separated, whether they were married or not. Under the Child Support (Assessment) Act, both parents are responsible for the financial support of a child.
Don’t assume as the main breadwinner it just falls on you. Quill Legal will protect your interests while making sure both parties fairly support any children. We understand all the implications of your rights and child support.
As experienced child support lawyers for fathers and mothers alike, Quill Legal can advise you how much you should pay or receive — and explain any child support assessments you will need to complete. If you are dissatisfied with a child support assessment, we will advise you of your rights and assist with any associated paperwork and applications.
In addition, Quill Legal will help prepare and register a child support agreement, and one of our team will represent you in any court proceedings regarding sole or joint custody child support.
3. Family Law Mediation
Mediation can often be as informal as having a family member or friend helping you talk through a dispute. But what does that “friend” or “family member” know about family law? If you’re lucky, maybe your brother/sister or friend is a lawyer, but in most cases, they are not!
Instead, let Quill Legal be your friend or de facto family member. All clients are encouraged to ring whenever they need to talk something over. It might even be to talk about last week’s soccer game — our principal lawyer Shams is a BIG Manchester United fan, if that helps!
Before going to court, agreements can often be reached using divorce mediation. All our team are experienced in convening and participating in this method. This can be a case of a simple round table conference with all parties, a family dispute resolution conference or even through the court process such as a conciliation conference.
Let’s stay calm and talk about things first. Getting stressed often leads to one partner rushing to bang on the other’s door — with the resulting AVO (Apprehended Violence Order) added to a list of court orders.
Get in touch for your free consultation to find out how we can help with mediation.
4. Property Settlement
A divorce only relates to the ending of a marriage. Although it will include any necessary arrangements for the care of children under 18, property issues are another legal matter — one which Quill Legal can once again help with!
When you and your spouse separate, you will need to consider what happens concerning any property you own and how it may be divided. It’s imperative you start with any property settlement as quickly as you can. After the final divorce notice, you only have 12 months to finalise any arrangements.
In many cases, the two parties can often reach an agreement about a property settlement with the assistance of their separation lawyer or good divorce lawyers. This path is the preferred option and even includes tax breaks if an inexpensive consent order is made. Less money and less stress — two of our favourite goals.
If there should be a property settlement dispute, you will need to file an application with the appropriate court. These are heard by either a Federal Circuit court or a Family Law court. Most of the property settlement disputes filed with a Federal Circuit court are settled without the need for a judge to make a decision.
Quill Legal can assist with all the aspects of a divorce property settlement, including:
- Discussing the likely distribution of any assets and liabilities of the partnership.
- Obtaining all relevant information for the aforesaid assets and liabilities.
- Negotiation with the other party’s divorce or separation lawyer.
- Appearing at any divorce property settlement family law court hearings on your behalf.
- Ensuring the transfer of your assets in relation to a property settlement.
Quill Legal can also work with any other advisors you may employ, including accountants or financial planners — who often benefit from the accessible and flexible approach we pride ourselves on.
