The lawyers at Moin Morris Schaefer recognise the emotion people face when they go through separation. Some of the legal issues that may arise following separation include:
establishing what are the assets of the relationship
the equitable division of assets of the relationship
contact and control of children of the relationship
Moin Morris Schaefer has the necessary skill and sensitivity to provide you with the family and de facto law advice you will require during this difficult time.
We practice in all aspects of family and de facto relationship law and, whilst our offices are in the New England and Mid North Coast, we regularly act for clients living outside of these regions.
The law relating to family law and de facto relationship disputes is complex and ever-changing. At Moin Morris Schaefer, we are able to give you accurate, easy to understand and timely advice on your situation.
Our philosophy of dealing with family law matters is to firstly endeavour to resolve them by consent of the parties to the relationship. However, we recognise that not all disputes are able to be resolved in this way.
Some matters require a Judge to make a decision. We appear in the Family Court of Australia and the Federal Circuit Court of Australia on a regular basis. We engage barristers to assist clients with the presentation of their case in hearings before these courts.
After separation a party to a relationship has rights, duties and responsibilities in terms of the division of the assets of the relationship and the payment of liabilities.
At Moin Morris Schaefer we assist our clients with all aspects of property settlements and offer advice regarding what your entitlements are to assets and responsibilities regarding liabilities.
Many people successfully work out arrangements for children without going to court. A number of options are available and, in the case of disagreements over children, changes to the Family Law Act 1975 now require parties to attend family dispute resolution before they apply for parenting orders. The changes to the family law system now require and encourage parents to develop cooperative parenting solutions without going to court.
Parents must attend upon family dispute resolution as a practical way for separating families to try to resolve any disagreements and make arrangements for the future in the best interests of a child.
If your application is an application for a parenting order, then you must provide a certificate with your application to the Court. This requirement applies even if you have pre-existing orders in relation to the child that is the subject of the current application.
A court will not be able to hear an application for a parenting order unless a certificate from an accredited family dispute resolution practitioner is filed with the application.
In certain circumstances the court may grant you an exemption from the requirement to file a certificate.
Please contact Chelsea Schaefer or Greg Moin if you require advice on any aspect of family law.