When we work with you, we are by your side every step of the way. We will be supportive and caring. We will be pragmatic and decisive. You ask, we'll answer. Our emphasis is on negotiation, not litigation. Our approach is focused on getting you to a better place.
Negotiating and finalising the division of assets, commonly called property settlement, can happen at any time after separation and the law is almost the same whether you’re married or separating from your de facto partner.
There are time limits that do apply so it’s important to get advice early to protect your interests.
Often, separated parents are able to engage in child-focused discussions and agree on post-separation parenting arrangements without the assistance of lawyers. But, for a variety of reasons, this is not always possible.
Our experienced family lawyers can assist you with disputes about who the children will live with, how time spent with the children is negotiated, major decisions about your child’s health and education, relocation disputes and a range of other issues that may arise after separation.
Intervention Orders are orders made by a court for the personal protection of a person and/or child. They restrict another person from doing certain things like contacting, coming to a person’s home or place of education or work, or committing family or domestic violence.
Family violence and Family Violence Intervention Orders are relevant to parenting orders sought or already made in the Family Law Courts. If there are allegations of family violence and/or allegations of breaching any orders, the Family Law Courts are required to consider these in determining what is in the children’s best interests.
Emera Family Law assists the rainbow community with legal issues related to family law, including parenting matters and property settlements. We have experience and expertise with matters involving donor agreements and surrogacy arrangements.
People planning on having a child or children by donor insemination (known or unknown) either at home or at a clinic, by in vitro fertilization (IVF) or surrogacy should be aware of the legal issues around parentage and should seek legal advice early on in their family planning journey.
At Emera Family Law, our aim is to keep your matter out of the Court system and, wherever possible, to negotiate the terms of your separation. This reduces stress and anxiety, is often a faster process and also reduces your family law costs.
There are a number of options for out-of-court negotiation and settlement of your family law matter. These include direct negotiation with your ex-partner, lawyer-assisted negotiation, mediation (including Family Dispute Resolution) and a collaborative law approach to your dispute.
Obtaining a divorce is the legal end to a marriage. Crucially, divorce does not finalise any parenting arrangements or property settlement, and this is a separate process. Unlike sorting out parenting and property matters, you can’t apply for a divorce until you have been separated for 12 months.
The divorce process is relatively straightforward and in fact, many people don’t engage lawyers to do their divorce unless there’s some complexity to their matter.
We're very proud of the work we do and the way we do it. It’s important for us to always maintain our philosophy of focusing on solutions not arguments and looking after our clients' best interests. We believe we’re achieving that because many of our clients tell us how they felt about working with us.