Property Settlement

A family law property settlement is not simply a matter of dividing everything 50/50.

The appropriate outcome depends on the circumstances of the relationship and the financial position of each party.

Property matters can involve the family home, investment properties, bank accounts, shares, businesses, companies, trusts, motor vehicles, superannuation, debts and other assets and liabilities.

We can assist you to identify the property pool, understand the financial disclosure process, assess relevant contributions and consider the circumstances that may affect the final division of property.

Family violence may also be relevant to the determination of property matters in appropriate cases.

Where agreement is reached, it is important to properly document the settlement. An informal agreement between former partners may not provide the certainty or finality you expect.

We can prepare or advise on consent orders and other appropriate arrangements to formally resolve your financial relationship.

There are also important time limits. Generally, an application for property orders must be commenced within 12 months after a divorce becomes final for married couples or within two years after the breakdown of a de facto relationship. Different considerations can apply where those periods have expired, so legal advice should be obtained promptly.

Learn more about Property Settlement

Parenting Arrangements

After separation, one of the most important issues for parents is deciding what arrangements will apply for their children.

Every family is different.

Parenting arrangements may deal with matters such as where children live, the time they spend with each parent, holidays, schooling, medical decisions, communication, travel and other aspects of their care.

The focus of Australian family law is the best interests of the child.

We can help you understand the different ways parenting arrangements can be documented, including parenting plans and consent orders.

Where parents cannot reach agreement, Family Dispute Resolution is generally required before an application for parenting orders can be made to the Court, although exemptions can apply, including in some urgent matters and matters involving safety concerns or family violence.

We can advise you before mediation, assist with negotiations and represent you in court proceedings where necessary.

Learn more about Parenting and Children

Consent Orders

Reaching an agreement is an important step, but it is also important to consider whether that agreement should be legally formalised.

Consent orders allow separating couples to ask the Court to make legally binding orders by agreement without having a contested court hearing.

They can deal with:

property and financial arrangements;

superannuation splitting;

parenting arrangements; and

certain other family law issues.

We can advise you about the proposed terms, prepare the necessary documents and assist with the application to the Court.

A properly documented settlement can provide certainty and reduce the risk of disputes arising later.

Child Support

Parents generally remain financially responsible for their children following separation.

For many families, child support is assessed administratively through Services Australia. However, disputes can arise about income, care arrangements, private school fees, medical expenses and other costs associated with children.

Parents may also consider private child support arrangements, including limited or binding child support agreements.

We can advise you about your options and the legal consequences of proposed child support arrangements.

Learn more about Child Support

Spousal Maintenance

In some circumstances, one former spouse or de facto partner may be required to provide financial support to the other following separation.

Spousal maintenance is separate from child support and separate from the division of property.

Whether maintenance may be payable depends on the circumstances of the parties, including one person's financial needs and the other person's capacity to provide support.

There can be strict time limits applying to maintenance claims. If you believe you may need financial support following separation, or you have received a request for maintenance from a former partner, obtaining advice early is important.

Learn more about Spousal Maintenance

Mediation and Negotiated Settlements

Going to court is not the only way to resolve a family law dispute.

Many family law matters are resolved through negotiation, mediation or Family Dispute Resolution.

A negotiated resolution can give the parties greater control over the outcome and may significantly reduce the financial and emotional cost of a dispute.

We can advise you before mediation, assist with preparing proposals, negotiate on your behalf and help ensure that any agreement reached is appropriately documented.

If a reasonable agreement cannot be reached, we can advise you about the next steps and court proceedings where required.

Learn more about Family Law Mediation

Why Choose Wilding & Co Lawyers?

Family law advice should be understandable, practical and directed towards resolving the issues that actually matter.

At Wilding & Co Lawyers, we focus on helping clients understand their position rather than overwhelming them with legal terminology.

We will identify the important issues, explain the available options and give you practical advice about the likely next steps.

Where a matter can be resolved without unnecessary litigation, we will work towards that outcome.

Where firm representation is required, we will protect your position and provide clear advice throughout the process.

We assist family law clients from our Five Dock and Burwood offices, as well as clients throughout Sydney and the Inner West.

Prepare for Your First Appointment

You can complete our secure online family law questionnaire before your appointment.

We use Settify to collect relevant background information about your circumstances before we meet.

Completing the questionnaire is optional, but it can help us identify the major issues in advance and spend more of your first consultation discussing your options and the advice you need.

If you prefer not to complete the questionnaire, that is completely fine. We can obtain the necessary information during your appointment.

Start the Family Law Questionnaire

Speak With a Family Lawyer

You do not need to have everything worked out before seeking legal advice.

If you are considering separation, have recently separated or are already dealing with a family law dispute, an initial consultation can help you understand your position and decide what to do next.

Call Wilding & Co Lawyers on 02 9958 6603 or book an appointment with our family law team.

Book a Family Law Consult