Family Lawyers Sunshine Coast
Family law for all types of relationships
Animus Legal is the family Law firm of choice for married, de facto, same-sex and opposite-sex couples who value exceptional customer experience, sound expertise & timely response
Are you looking for a trustworthy family lawyer on the Sunshine Coast?
At Anumis Legal, we take time to help you understand what you want & we carefully explain the options at law to you, so that you can determine your ideal outcome.
Even if you & your ex-partner have come to a mutually satisfactory agreement, it is very important that you let an experienced lawyer check it out before you enter into a financial agreement or apply to the court for consent orders.
We will let you know whether you have missed any important factors along the way, & we will advise you on a range of options open to you.
We offer a wide range of family law solutions
At Anumis Legal we take time to understand your unique situation. As a family law firm our immeasurable value to you is in resolving all aspects of your separation, ensuring you have the best possible financial outcome in your circumstances & according to what you want.
Our clients wishes are often out of the box view points & our specialty is designing lawful frameworks to ensure those unconventional separation solutions are robust at law. This means you can move on quickly & rebuild your life in the best way forward for you.
View our wide range of family law services below which includes but not limited to:
Are you worried about how to divide shared assets when you separate?
Our family law expertise means that Anumis Legal is your firm of choice when you help with negotiating & finalising your property settlement. When a de facto or marital relationship ends, there is a need to split the assets of the relationship. Our extensive experience with family matters means that we know how to negotiate & finalise a settlement that is in line with what you want, & allows you to move forward & build your life.
To ensure a smooth property settlement takes place, it’s crucial that you and you ex partner can agree on a binding financial agreement, consent order, spousal maintenance and superannuation.
Binding Financial Agreement
When you separate from your partner, whether you are married or in a de facto relationship, a financial agreement can be an appropriate way to finalise the division of your assets and liabilities.
“Financial agreement” means agreements that people enter into before, during or after a relationship, whether you are married, de facto and regardless of your sexual preference.
Part VIII or Part VIII of the Family Law Act 1975 (Cth) states that a Binding Financial Agreement is a written contract between two (or more) people. Before signing a Binding Financial Agreement, the parties must get independent legal advice. And this is where we, at Anumis Legal, can assist you, according to your unique circumstances.
At Anumis Legal, once we have listened to your situation and your ideal outcomes, we will advise you and, on your instruction, draft a Binding Financial Agreement for you. Or, if your former partner has provided you with a Binding Financial Agreement, we will consider the Agreement and give you the legal advice, so that you can rest assured that your interests have been taken care of both in terms of your wishes and according to the law.
Firstly, it is important to understand that spousal maintenance is not child support. The Family Court can order a party to pay spousal maintenance in addition to any child support a party may be required to pay.
In deciding whether a partner is entitled to spousal maintenance and assessing how much maintenance is to be paid, a court will consider factors relevant to the particular case as set out in sections 75(2) and 90SF(3) of the Act.
A party to a marriage or de facto relationship is liable to maintain the other to the extent that he or she is reasonably able to do so if, and only if, the other partner is unable to support him or herself adequately. The reason for that inability may include having the care of the children of the relationship under the age of eighteen years; or his or her age or physical or mental incapacity for employment; or any other adequate reason.
On a relationship breakdown, superannuation splitting laws in family law property settlements enable couples to split superannuation payments, payable under a superannuation interest one of them holds. Couples who have separated are able to make an agreement – known as a superannuation agreement – about how any superannuation that either party will receive is to be split. A superannuation agreement is like a more general financial agreement in which couples can agree about how property other than superannuation is to be divided on relationship breakdown.
You will also need to consider whether your ex-partner has a Binding Death Nomination and if so, whether that nomination is in your favour.
Superannuation can be a complex area to navigate as you prepare to separate your financial affairs from those of your former partner. Dr John has specialised knowledge in Superannuation Law and he would be delighted to assist you to understand your position according to your circumstances.
At Anumis Legal, we take time to support you to come to an understanding of what you want & we carefully explain the options at law to you, so that you determine your ideal outcome.
Even if you & your ex-partner have come to a mutually satisfactory parenting arrangement, it is very important that you let an experienced lawyer check it out before you enter into a parenting agreement, child support contract or apply to the court for consent orders.
We will let you know whether you have missed any important factors along the way, & we will advise you of a range of options available to you.
The three parenting arrangement categories you’ll need to come to an agreement with your ex partner during a separation or divorce are consent orders, parenting agreements and child support. it is important that you understand how each of these areas of family law work so that an mutually beneficial result can be achieved.
If you and your former partner have arrived at an agreement about parenting arrangements and you want to ensure that the terms of your agreement are legally binding, then you can formalise your agreement by applying for Consent Orders. You can also use Consent Orders to change or discharge existing family law orders.
When Consent Orders are filed, the Court carefully considers the orders, with specific regard to the best interests of the children. This means that it is advisable for you to seek legal advice before you put the orders you want before the Court.
Why is legal advice necessary before filing Consent Orders?
The Court is unable to give legal advice to individuals with family relationship challenges because the Court must remain impartial. This means that if your matter comes before the Court, the Court can make a fair, uncompromised decision regarding the orders you seek. At Anumis Legal, we can help you to understand your legal rights under Sections 60B, 60CA, 61DA and 65 DAA of the Family Law Act 1975 (Cth) and your responsibilities and explain how the law applies to your specific circumstances.
You must understand the effect and the meaning of the orders you want and therefore, independent legal advice is important. At Anumis Legal, we will take time to discuss the consequences of the orders you propose, and we can assist you by drafting consent orders for you according to your circumstances.
If you can come to an agreement with your former partner, focusing on the best interests and needs of your child or children then that is usually the best outcome for all affected. There are no fixed rules about how to come to an agreement to care for your child or children after separation. Your parenting agreements can be:
- an oral agreement; and/or
- a written agreement; or
- an agreement that is put before a Court and formalised, known as Consent Orders.
A written record of your agreements about the care of your child or children is called a parenting plan. A parenting plan must be signed and dated, but does not need to follow any specific format. Please note, that while a parenting plan is cheaper and potentially less stressful that applying for Consent Orders, a parenting plan is not a legally enforceable agreement.
When parents separate, the child support scheme which is implemented by the Department of Social Services (DSS) aims to make sure that children receive financial support. Under the Child Support (Assessment) Act 1989 (Cth), the primary carer of a child or children can lodge a claim for child support from the other parent. Services Australia assists parents to apply for a child support assessment and manages the collection and transfer of child support payments.
If you and your former partner can agree on the amount of child support to be paid, you can put a child support agreement in place by either making a binding or limited Child Support Agreement with your former partner. If your circumstances are such that you and your former partner cannot agree on child support, then Services Australia provides an administrative process determined by the Child Support (Assessment) Act 1989 (Cth). The child support payable will be calculated based on a formula in the legislation.
When you can’t agree
When your relationship breaks down and you find yourself navigating a dispute resolution process, you have are several options available to you that are designed to facilitate a fair and just outcome for you, your former partner/ spouse and to take care of the best interests and needs of your children.
The four main areas are negotiation, mediation, family dispute resolution and litigation.
If you are feeling overwhelmed by your situation and all of the information you need to know, perhaps it’s time to visit our calm office at the Noosa Marina, Tewantin, Sunshine Coast. You’ll see a friendly face, find a wise ear and experience a steady step-by-step approach to resolving your separation, divorce and your parenting and financial settlements.
At Anumis Legal we are motivated by a positive, practical approach to separation and divorce, to enable you to move forward as fast and smoothly as possible. We appreciate how painful and stressful separation can be, and we will support you by helping you to determine your best options for your unique circumstances.
If you are separated and you have children, did you know that Section 601(1) of the Family Law Act 1975 (Cth) compels you to make a genuine effort to resolve your family dispute by family dispute resolution before applying to the courts for an order?
You must participate in arbitration, conciliation, counselling, mediation or negotiations and comply with your duty to disclose relevant facts, reports and concerns.
The word ‘mediation’ means different things to different people – and there are specific connotations at law. There are several ways for you to come to your own arrangements to care for your children including:
- informal general mediation
- discussion with your former partner
- engaging a friend or family member to help
- participating in a special family mediation process referred to in the Family Law Act 1975 (Cth) known as Family Dispute Resolution (FDR).
If you are separating from your former partner, then it is never early enough to find out what you may or may not need to do with regard to mediation.
Your circumstances will dictate certain mediation musts, whether you cannot safely attend mediation at all, and a host of options in between. To find out more about your mediation obligations and what to do about them, Call Nadine Love or Dr John Cronin on 07 5455 6347 or email [email protected] for your complimentary chat and we will be happy to assist you.
Family Dispute Resolution
Family Dispute Resolution (FDR) is a specific form of mediation especially to assist families who are separating to come to their unique arrangements. The main focus of FDR is to help parents to come up with a parenting plan that lays out all of the future parenting arrangements.
FDR is a low cost, practical approach for parents to nut out future parenting arrangements, with professional assistance. An accredited, neutral FDR practitioner is engaged to facilitate the meeting. During FDR, parents are encouraged to focus on the best interests and needs of their children, issues in dispute are discussed and options are considered.
Under Australian family law, separated parents must attempt FDR, before filing parenting orders. There are some exemptions, which include: urgent issues; circumstances involving family violence or child abuse; if you are responding to a court application; if you are seeking Consent Orders; where a person cannot effectively participate or if a person has breached and demonstrated disregard for a court order made in the previous year.
Going to Court - Litigation
In some circumstances, if agreement cannot be reached and it is impossible to reach certainty or finality with regard to the property, financial and parenting issues between you and your former partner, then going to court will bring resolution where otherwise you might be disadvantaged or without closure.
While litigation is a good option in some cases, going to court is a costly, lengthy and stressful route to take. The Court will make decisions for you according to caselaw, and legislation giving regard to your circumstances. The Court will concern itself with what is in the best interests of the children, and with the division of your assets. Depending on your circumstances, an Independent Children’s Lawyer may be appointed to ensure that the needs and best interests of your child or children are front and centre in the consideration of your parenting arrangements.
On 1 September 2021, the Federal Circuit Court and the Family Court merged to form the Federal Circuit and Family Court of Australia (FCFCoA). The ‘new’ FCFCoA has not only appointed additional justices and registrars, it has also implemented fresh central principles, aimed at delivering a more cost effective, efficient and faster family law system. There are new forms, procedures and rules to follow, and so now, even more than previously, it is imperative that you get the most up to date legal advice in your family law matter. Call Nadine Love or Dr John on 07 5455 6347 or email [email protected] for your complimentary chat.
If you would like assistance during all forms of dispute resolution: negotiation, mediation, Family Dispute Resolution or litigation so that you can gain certainty and finality and move on with your life, call Nadine Love or Dr John on 07 5455 6347 or email [email protected] for your confidential, complimentary chat and we will be happy to assist you.
Are there any differences between a married and de facto relationships when it comes to family law?
Whether your relationship is or was de facto, married or same sex, it is important that you understand the law as it applies to you and your circumstances. Many areas of family law operate in the same way regardless of whether you are married to your former partner/ spouse or you were in a de facto relationship. Let us answer your questions about the divorce system, parenting and financial arrangements, maintenance orders and proceedings already on foot.
Same Sex Relationships
In 2017, a national postal vote on the question ‘Should the law be changed to allow same sex couples to marry?’ returned a majority vote of yes, with 62% of Australians voting for same sex marriage.
The Marriage Act 1961 (Cth) defines marriage as ‘the union of two people to the exclusion of all others, voluntarily entered into for life.’ The Family Law Act 1975 (Cth) recognises same sex couples who have married, whether in Australia or overseas. Same sex couples who married in Australia after 2017, or prior to 2017, same sex couples who married overseas, are subject to the provisions of the Family Law Act 1975 (Cth) relating to married couples.
For any same sex couple who wish to get divorced, you must demonstrate that the marriage has broken down, irretrievably. There is a requirement that you have been separated from your former partner for not less than a year and you have no reasonable prospect of reconciliation.
If you were married before to the recognition of same sex marriage in Australia, you can count the 12-month period of separation as starting before the date that same-sex marriage became legal in Australia, provided you were married at the time and there has not been a reconciliation of more than three months.
If you would like to understand more about your rights, responsibilities and obligations in your particular circumstances, call Nadine Love or Dr John on 07 5455 6347 or email [email protected] for your confidential, complimentary chat and we will be happy to assist you.
Once you have had a detailed conversation with drjohn, he will consider your unique circumstances.
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