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The breakdown of a relationship is highly emotional and stressful for you, your partner and your children. Our family law team at Diamond Conway will alleviate your concerns by carefully guiding you through the process to resolve, whether by settlement or court proceedings, disputes over property, spousal maintenance or parenting arrangement, whether the relationship is one of marriage or de facto.
We endeavour to resolve family law disputes in a timely and cost-effective manner providing our clients with professional and clear advice as to the outcomes they can reasonably expect together with estimated costs in pursuing or defending family law disputes. A successful settlement without court intervention is our first objective to allow our clients the opportunity of moving on with their lives with as little disruption as reasonably possible.
Our team appreciates the emotional effect of commencing Divorce proceedings and will assist and guide you through the divorce process.
We provide advice to clients who wish to protect their assets and financial independence in the event of a relationship breaking down. This agreement can be made in contemplation of entering into a relationship, during a relationship, or after a relationship has broken down – or if married, after divorce. Our team has extensive experience in providing financial arrangements that are practical, readable and effective, to avoid the future risk of protracted litigation in the event of a relationship breakdown.
Parenting plans or parenting orders provide for where a child lives, the time spent with each parent, any role other members of the family may play in the child’s life, schooling arrangements, health care and so on. Issues concerning the care and welfare of children, unless negotiated with sensitivity, can be emotionally overwhelming for parents and children.
We aim to achieve an amicable parenting plan through negotiation and mediation, and if negotiations or mediation is unsuccessful, we will commence proceedings for final parenting orders including interim orders to address immediate pressing parenting issues of concern. However, at all times we remain conscious of the need to continue to negotiate a resolution so as to limit the costs and stress associated with litigation.
We can also advise and assist with specific issues such as the Hague Convention against the abduction of children or relocation issues such as where a parent unilaterally decides to remove the child from the child’s usual place of residence intrastate, interstate or overseas.
We will provide expert advice on all areas of property disputes, with a commitment to achieve a just and equitable alteration and distribution of the property of the parties to the relationship (the property pool). We have extensive experience in both simple and complex financial arrangements such as those involving trusts, companies, and overseas property interests.
We endeavour to settle all property disputes by negotiation or mediation. However, where agreement cannot be reached, we will vigorously protect your interests. We will not hesitate to seek injunctions over any part of the property pool to prevent the risk of property being disposed of or devalued by your spouse.
Where in a relationship one person is unable to reasonably support himself or herself and the other spouse is reasonably able to do so, a claim for spousal maintenance may be made.
Irrespective of your position, we can provide you with advice as to your eligibility or liability to provide spousal maintenance.
The Family Law Act also applies to de facto relationships which is defined as two people not married to each other or related by family but genuinely living together on a domestic basis. The nature of
de facto relationships vary from couple to couple – you may even be in a de facto relationship and not know it!
If a De facto relationship breaks down in separation, the emotional pain and stress are just the same as the end of a marriage. The legal questions will also be very similar, especially if there is conflict between the parties over the division of property and assets or the care of their children. The Family Court (since September 2021 now the Federal Circuit and & Family Court of Australia – FCFCOA) promotes mediation and negotiation. At Diamond Conway we have many years of experience with a respected, long standing and well-known record of achieving beneficial outcomes for family law clients and can assist you in these difficult and emotional times.
Our specialist family law team at Diamond Conway can help you reach the agreement you need, while endeavouring to keeping the separation process as smooth and angst-free as possible.
Diamond Conway knows that the LGBTI community has special needs for solid legal representation which we can offer. We are committed to excellence in family law by providing the personal touch of a boutique firm while maintaining the resources and expertise of a larger firm.
If you are seeking to formalise the financial arrangements between you and your partner or if your relationship has broken down and you want to ensure that a division of your assets and payment of spousal maintenance is not left to the courts to decide, Diamond Conway’s experienced lawyers can advise and assist you in entering into a Financial Agreement.
In the event of a relationship breakdown, the FCFCOA can adjust the assets, rights and interests of couples in relationships, irrespective of gender mix. However, if a couple has entered into a Financial Agreement, the parties can agree to divide their assets and make provision for spousal maintenance according to their wishes, rather than the FCFCOA deciding for them.
Our team of family law specialists can offer you practical advice and solutions, tailored to your own personal circumstances, to maintain harmony in your relationship.
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