We understand that family breakdown is an extremely difficult time. Swan Family Lawyers helps people facing the pain of separation and divorce.
We take the time to listen to you and guide you through the uncertainty of family breakdown. The legal advice that we give you will always be clear and in plain language, so that you can make informed decisions.
Our family services are always tailored to meet your specific needs.
We know that meeting the needs of your children during separation or divorce can be a difficult challenge. Issues might include parental and grandparental access, where your children will live, school choices, and how they will celebrate special events. We’ll listen to you and give you clear advice.
It’s the legal responsibility of both parents to financially support their children during separation or divorce. The amount to be paid by you or your former partner can be agreed between you, or it can be assessed by the Child Support Agency using a statutory formula.
Maintenance is the money that's paid to a former partner following separation or divorce; it can be applied for if you were married or in a de facto relationship. You can apply as part of your property settlement proceedings or as a separate application.
We understand that agreeing on property following separation or divorce can be hard. Ideally, it's a situation that's best resolved without resorting to litigation. We can help you through mediation or Collaborative Practice to reach agreement and then record it as Consent Order of the court.
Divorce is the formal ending of marriage. It’s distinct from separation, which refers to the breakdown of a marriage. Divorce is also distinct from property settlement and children’s issues. If you need a court to make orders about either property or your children’s living arrangements, you need to make a separate application to the Family Law Courts.
A de facto relationship is one where the parties are not legally married, but are treated as a married couple for the purposes of the Family Law Act.
Financial Agreements set out how property and spousal maintenance will be dealt with if a marriage or de facto relationship ends in divorce. Without a Financial Agreement in place, a court will apply the ordinary principles of property settlement and spousal maintenance under the Family Law Act.
Sometimes, full legal representation isn’t required or it may not be cost effective - which is why we offer limited representation.