Family Law

Family Law – Property

Property matters range from the simple to the complex.  It is an important part of family law and can be difficult to navigate.  Where possible we try to reach an agreement with your ex-partner (so as to not deplete the asset pool).  We engage in negotiations, round table conferences and mediation in an attempt to reach a just and equitable outcome.  Where necessary the matter may proceed to Court and the court processes may assist the parties to try and reach an agreement.  If an agreement can’t be reached the court will make a judgement as to how the assets are to be distributed.

At Cunningham Legal we have experience at all levels of the property settlement process and provide fixed fees for some aspects of the settlement.

Children

One of the most difficult areas to navigate post-separation is arrangements for the children.  This is an emotionally charged area of law and great attention is needed to tailor your particular circumstances to the most appropriate family law pathway.  Our focus is on the best interests of the child taking into account their age, needs and wishes.  Mediation is an important element in the process of making arrangements for the children.  We have a great deal of experience in preparing clients for mediation and, where necessary, attending legally assisted mediation.  Should the matter proceed to court we can actively and sensitively represent you through the court process.

Cunningham Legal offers fixed rates in some areas of children’s matters.

Mediation

Mediation has become an integral part of family law and can provide a positive forum for you and your ex-partner to try and reach agreement about property or children’s matters.  At Cunningham Legal we can assist you in preparing for mediation and attend the mediation with you if it is a legally assisted mediation.

De facto / same sex relationships

De facto and same sex relationships are now covered by the Family Law Act.  Cunningham Legal have extensive experience in all de facto matters.

LGBTI legal issues

Cunningham Legal have been active in the LGBTI space for many years.  Where legal issues arise which are specific to our community we are experienced in addressing those issues in a thoughtful and active manner.

Financial agreements

Financial agreements are becoming increasingly common when people enter into a new relationship.  They can be an effective way of providing for the division of your assets should your relationship end.

Financial agreements can also be used after separation as a way of finalising property settlement with you and your ex-partner.

Child support

In most cases child support is managed through the Child Support Agency, however complications may arise where you need advice on navigating issues which arise.  A common problem is where the paying parent is not declaring an income which is representative of what they are actually earning.  Cunningham Legal can assist you in any problems that may arise in regard to child support agency decisions.  We are also experienced in drafting child support agreements should you and your ex-partner decide to have an agreement outside of the Child Support Agency.

Family violence/ apprehended domestic violence orders

For people who have experienced, or continue to experience, family violence negotiating with your ex-partner can be particularly complex and difficult.  Our family lawyers have extensive experience in representing and supporting clients where family violence has been an issue. Where safety is an issue we can assist you in developing a safety plan and where necessary obtain an apprehended domestic violence order.

Where family violence has been an issue during the course of a relationship an adjustment may be made in your property settlement.  The family courts have long recognised that family violence should be taken into account in all aspects of decisions in family law.

At Cunningham Legal we ensure we are available to assist and advocate for our clients who have experienced family violence.

Spousal maintenance

When a relationship ends it may be the case that one party is unable to support themselves and the other party has the means to provide, usually temporary, financial support.