Family Law Sydney
Custody and Parenting
Your continued parenting role and involvement in the children’s lives is necessary for their future well being. We will protect your relationship with your children regardless of the opposition you might face or any allegations that may be raised against you.
The best interests of the children are always the first priority in the family court. Differences of legal opinion often exist in respect of determining the definition of best interests. In most cases it is unclear what would be best in the circumstances given the competing demands of both parents for limited financial resources and individual time with the child/ren. The reality of separation is that both parents wealth and income is decreased as they need to contend with paying for two separate household rather than one matrimonial household. They need to understand that children need time with both parents, yet school and working commitments compromises both parent’s desires for the children. Parties to separation are often unaware of the norms and legislative principles enacted to guide what is in a child’s best interests and they need to rely on their solicitor’s legal opinion. Lack of understanding is one of primary causes of family law disputes. We strongly advocate and attempt to negotiate a settlement and mediate between the parents before resorting to litigation.
The usual practice in family law is that the child resides with one parent and spends significant and substantial time with the other parent. The Howard government’s attempt to legislate equal parenting failed and this concept has faded into obscurity. The system has returned to the prior practice of a ‘resident parent’ and a ‘spend time with’ parent. In reality and most cases the child/ren reside with the mother and spend time with the father. Arguments often arise over how much time the non resident parent spends with the child. The language of the family law resorts to discussions of ‘how many nights’ the non resident parent spends with the children.
We can advise you of the process in determining the appropriate range of factors in your case. We act in respect of:
• initiating applications for Parenting Orders,
• returning abducted children,
• injuncting parents for improper behaviour,
• prosecuting breaches of Orders,
• variations to existing Orders,
• complex abuse matters and
• obtaining child support, to name a few.
Part VII of the Family Law Act [FLA] governs children. Under section 61DA there is a presumption of equal shared parental responsibility means that both parents have an equal role in making decisions about important matters that affect their children, such as education and medical matters. The best interests of the child are paramount considerations when the Courts determine if a child spends equal time or substantial and significant time with either parent. Under section 60CC the two primary considerations when determining the best interest of the child are:
• the right of the child to know both their parents; and
• the right of children to be protected from harm.
Parenting Plans are subject to easy amendment and variation and are governed under Division 4 of Part VII of the F.L.A.
In the interim and prior to the finalisation of children’s orders, it is necessary for arrangements to be made for the ongoing parenting of children after the breakdown of the relationship between their parents. Often with the assistance of appropriate advice, parents are able to reach agreement in relation to these issues, usually involving the children living with one parent and spending certain time with the other parent. Agreement can also be sought regarding specific issues, such as travel, education or medical matters. We advise in respect of all matters:
• Relocations Interstate or out of area
• Variations to Orders
• Removals: Airport Watch List
• Change of name
• Overseas Travel
• Medical Procedures
• Recovery Orders
We will immediately advise you about what will happen to your property after separation. With your future in mind, protecting your assets should be one of the main priorities. Whether it’s the family home, the business, your superannuation or other assets, we will develop your case to safeguard your entitlements.
The critical questions pertaining to the division of the matrimonial assets commence by identifying all the assets, liabilities and financial resources of each party; assessing all of the contributions by each party under section 79(4) of the Family Law Act 1975 [FLA]; evaluating the future need of each party under section 79(4) and section 75(2); and ensuring that the Court is satisfied that any Orders are just and equitable.
If both parties amicably separate, then Consent Orders or Binding Financial Agreements can be enforced. Part VIII of the FLA lists the relevant legislation governing settlements and the factors considered. An understanding of the various adjustment factors listed under section 79(4) and section 75(2) of the FLA are imperative to each case. We can advise you as they apply to your circumstances, based on our experience of the Court’s treatment of these factors.
Unequal contributions, trusts, corporate structures, superannuation, gifts, inheritances, non-financial contributions and debts are problems areas typically arising in property settlements. Your case will proceed through various stages ranging from negotiations both in and out of court. If these options have been explored and exhausted without settlement, then a hearing takes place as a last resort. Apart from your children the greatest disputes occur over what each party deem to be a fair division of property.
It is regretful but typical that a former partner is being unreasonable. We are aware that motives such as revenge, spite, insecurity, breakdown of trust and greed are the most common causes for irrational behaviour. We understand that irrational behaviour negatively affects the conduct of your case. We attempt to circumvent a former partners acts designed to undermine your entitlements. We present your case in a positive and professional manner appealing to the rational application of the law and the discretion of the Judge
At Dom Velcic & Co, we understand that legal issues can be overwhelming and stressful. That’s why we offer a range of services to help you navigate through them with ease. Whether you are going through a divorce, need assistance with property matters, or require legal advice on business transactions, we are here to help.
Our team of experienced solicitors has a proven track record of success in achieving favorable outcomes for our clients. We pride ourselves on providing personalized solutions tailored to your unique needs and circumstances. We take the time to listen to your concerns and provide clear, concise advice to help you make informed decisions.
If you are facing a legal issue, don’t hesitate to contact us for a consultation. Our friendly and professional team will be happy to discuss your situation and provide guidance on the best course of action. At Dom Velcic & Co, we are committed to ensuring that our clients receive the highest level of service and representation. Let us help you achieve the results you deserve.
Divorce - Decree Nisi
At Dom Velcic & Co, we understand that divorce can be a difficult and emotional process. We offer compassionate and professional legal services to assist you in obtaining a divorce, including applications for a Decree Nisi. Our team is experienced in all aspects of divorce law and can handle even the most complex cases, including those requiring arguments before the Court.
We strive to make the divorce process as smooth and stress-free as possible for our clients. Our approach is tailored to your individual needs, and we work closely with you to ensure that your interests are protected at every stage of the proceedings. We provide practical advice and guidance on all aspects of the divorce process, including property settlements, spousal maintenance, and arrangements for children.
If you are considering filing for divorce or have been served with divorce papers, contact us today to schedule a consultation. Our team of experienced solicitors can answer your questions and provide you with the guidance and support you need to navigate this challenging time. We are committed to achieving the best possible outcome for you and your family.
Superannuation is an important asset that can provide financial security in retirement. As your superannuation grows, it forms a greater part of the pool of assets that are divided during property settlements. At Dom Velcic & Co, we understand the importance of safeguarding your retirement and can provide expert advice on how to best protect your superannuation interests during family law matters. We have extensive experience in dealing with complex superannuation matters and can assist you in securing your entitlement to superannuation. Contact us today to discuss how we can help you with your superannuation concerns.
Prenuptial agreements, also known as prenups or financial agreements, are becoming more popular among couples entering into marriage or de facto relationships. These agreements allow couples to establish their own financial arrangements in the event of a relationship breakdown, rather than relying on the default rules of the Family Law Act.
At Dom Velcic & Co, we understand that discussing prenups with your partner can be a sensitive and delicate topic. Our experienced family lawyers can guide you through the process, explain the legal implications of a prenuptial agreement, and help you negotiate and draft a comprehensive and enforceable document that protects your present assets and future financial security.
We believe that prevention is better than cure, and a well-drafted prenup can prevent unnecessary legal disputes and financial stress in the future. Whether you are entering into a marriage or de facto relationship, have significant assets or income, or have been through a relationship breakdown before, we can assist you with all aspects of prenuptial agreements. Contact us today to discuss your options and protect your financial future.
Consent Orders are a way of formalising an agreement reached between separated or divorced couples. These agreements can cover a wide range of issues, such as property settlement, parenting arrangements, and child support.
As experienced family lawyers, we understand that Consent Orders are often the preferred method of settlement for our clients. Consent Orders provide certainty and finality, as they are legally binding and enforceable. By having the Family Court vet and approve the terms of the Consent Orders, it provides an added level of security and peace of mind for both parties.
We can assist you in drafting the Consent Orders to ensure that they accurately reflect your agreement and comply with the relevant legal requirements. We will also guide you through the process of filing the Consent Orders with the Court and obtaining the necessary Court approval.
If you are considering entering into Consent Orders, or have already reached an agreement and need assistance with formalising it, our team of experienced family lawyers can provide you with expert advice and support throughout the process. Contact us today to schedule a consultation.
Binding Financial Agreements
As legal professionals, we recognize that Binding Financial Agreements can be a useful tool for some couples in certain situations. However, we advise caution when considering this type of agreement as it is important to understand the potential drawbacks and limitations. It is essential to obtain expert legal advice before entering into any Binding Financial Agreement. Our team at Dom Velcic & Co can provide you with the necessary guidance and support to make informed decisions regarding this type of settlement.