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Family Law

Expert Guidance for Separations, Binding Financial Agreements, and Family Law Court Representation

Family Law Services Northern Suburbs Melbourne

Separations, Divorce and Family Court of Australia

Welcome to Galloway Legal, your trusted family law specialists in South Morang, servicing families in the Northern Suburbs of Melbourne. We are committed to guiding you and your family through the complexities of family law, safeguarding your future and interests with expert legal advice and compassionate support.

Navigating through a separation or divorce is a highly stressful ordeal. It can be daunting to face family law disputes, which is why our services aim to provide a personalised experience to guide you through this process.

In cases of separation from a marriage or de-facto relationship, you’ll need to figure out how to separate your assets (referred to as a property settlement) and how to care for any children to the marriage/relationship. If an agreement with your former partner is reachable, it can be formalised by filing consent orders, or other legal documents such as binding financial agreements and parenting plans. However, unresolved disputes may escalate to litigation in the Federal Circuit and Family Court of Australia (Family Court).

Our primary goal is to resolve your disputes early, avoiding the need for Family Court intervention. This approach saves time, stress, and costs associated with litigating family law disputes. While avoiding Court is preferred, it’s not always possible, and we are capable to guide our clients through the Family Court should it be necessary to litigate.

Navigating Parenting Matters

The best interests of your children is paramount consideration that the Family Court considers when deciding parenting disputes. We focus on solutions that align with the Family Court of Australia’s principle of upholding the children’s best interests, and their paramount considerations found in section 60cc of the Family Law Act 1975 (Cth).

Where there is a low risk of harm to your children, mediation and negotiating your parenting arrangements can be more efficient, less stressful and cost effective way to resolve your parenting disputes as opposed to filing proceedings in the Family Court. The benefit to finding agreement with your parenting arrangements is that it keeps the decision-making with the parents. We can guide you through reaching agreement on these issues and negotiate on your behalf to ensure that your children’s needs are met and that your parenting arrangement reflects their best interests.

We understand that finding agreement with the other parent may not always be possible, and there may be risk factors such as abuse and family violence which make it impractical to simply find agreement and settle. In those circumstances, we can guide you through the process of filing an application in the Family Court and ensure that the main elements of your case are assessed by the Court.

Contrary to popular belief, the Court does not favour mothers over fathers in parental cases. The Family Court assesses each case on its merit to ensure children benefit from meaningful relationships with both parents, while balancing this with the need to protect them from harm, such as abuse and family violence. The Court does not favour one gender over the other, instead opting to ensure that the orders it makes are in the child’s best interests

Over the years we have helped both mothers and fathers negotiate fair parenting arrangements, by emphasising the considerations that the Family Court focus their attention on the most. We have also helped father’s who were only seeing their children once per fortnight obtain equal care arrangements, by emphasising the child’s best interests and highlighting the issues to the Court.

Financial Property Settlements: Fair and Just Resolutions

Clients often inquire about the division of assets in de-facto relationships versus marriages. Australian Family Law scrutinises both scenarios similarly, aiming to make an order that is just and equiteable in the circumstances. Understanding what constitutes a just and equitable division of finances and property can be challenging. We navigate the legal framework and are able to assist you in achieving a fair and just division of your property.

The dividing of assets and liabilities upon separation is a matter of urgency, as their are specific time limits for de-facto and married couples. For de-facto couples you have 2 years from the date of separation to apply for a property settlement, and for married couples you have 1 year from the date of divorce to apply for a property settlement.

It’s important to understand that all assets, liabilities, and financial resources are considered in the property pool, regardless of whose name they are under. When considering the division, it is not always 50/50 as some may belive.

The approach taken by the Family Court of Australia is to consider each party’s contributions to the relationship or marriage, including both financial and non-financial, the current financial circumstances of the parties, including any disparity in income and earning potential, and the future needs of the parties including any health issues and who has primary care of the children. The Court balances these considerations to ensure that a just and equitable division of the total property pool is made to the parties.

Our legal guidance is tailored to efficiently resolve your financial settlements, allowing you to move forward with confidence. We can guide you through this process.

To begin your journey with us through the family law system, use the links below to schedule your free consultation .

Binding Financial Agreements in Melbourne

Binding Financial Agreements and Prenups

A Binding Financial Agreement is a legal document that deals with how assets and liabilities will be divided at the time of separation between parties to a marriage or a de-facto relationship.

Couples can enter into a binding financial agreement either before a marriage or de-facto relationship (sometimes referred to as a “prenup”), during a marriage or de-facto relationship, or after separation of a marriage or de-facto relationship.

Entering into a binding financial agreement or a prenup before or during a marriage or de-facto relationship is one of the only ways you can protect your assets in the event of a separation. Having one in place can also make any future separation easier, as there is already a binding financial agreement in place that determines the split of the asset pool and property settlement. These agreements if done correctly can only be terminated by making a new agreement, by consent, or by being set aside by the Court.

If you have recently separated from a marriage or a de-facto relationship, a binding financial agreement can be a cost-effective manner to handle the separation of assets and property settlement, as it provides a legally binding document without the need for orders to be made by the Court. It is important to get advice quickly after separation as it can save you both time and money if your property settlement can be resolved outside of Court with a binding financial agreement.

Once we have an understanding of your asset pool and how you wish to separate your assets, we can quote you with a fixed fee to prepare the binding financial agreement. It is important to note that in order for the agreement to be binding, both parties must receive independent legal advice. Accordingly, your partner will be required to obtain their own independent legal advice from their own lawyer.

If a binding financial agreement has already been prepared by your spouse/former spouse’s lawyer, we can provide you with legal advice, negotiate the terms of the agreement if necessary, and provide a certificate of independent legal advice upon signing the document in conference with you. Once we have reviewed the agreement and have obtained your instructions, we can provide you with a fixed fee quote for this service.

If you need a binding financial agreement or you are looking for independent legal advice to sign a binding financial agreement, contact us today and we will schedule your free consultation.

*The above is not legal advice nor is it intended to be relied upon as legal advice and it is general information only. Accordingly, we disclaim any and all liability that may arise should you act upon the above general information as legal advice. If you would like for us to provide you with legal advice, please contact us to schedule a consultation. If we are formally engaged by you then we will provide you with tailored legal advice based upon your specific circumstances.

Helping you win your case

Meet your solicitor in Melbourne

Zac was admitted to practice law at the Supreme Court of Hobart in 2017, where he completed his qualifications and trainings to practice law. In Hobart, Zac obtained world class training as a lawyer and an advocate, regularly appearing before judges in both the Magistrates Court and Supreme Court of Hobart as part of his legal practice course.

Zac relocated to Melbourne in 2018 where he began his journey working in law and Zac has obtained experience in diverse areas of law including family law, civil litigation, wills and estates, criminal law, taxation, SMSF and employment law.

Zac is a competent and capable lawyer, able to draw from his vast and rich experience to provide advice across a whole variety of areas of law.

Given his training as a legal advocate, Zac can and does regularly appear in Court on behalf of his clients. The benefit being that clients do not have to pay additional legal fees to brief a barrister. Zac has appeared in multiple jurisdictions across Australia including:

Hobart and Victorian Magistrates’ Courts;
NSW Local Court;
Hobart Supreme Court;
Fair Work Commission;
Federal Circuit Court and Family Court of Australia; and
Federal Court of Australia.

In circumstances where barristers are required or requested by clients, Zac relies upon his network of legal practitioners to find a suitable barrister to brief to provide specialist advice and representation for his clients.