Our family law team has experience in all aspects of family law including parenting and property matters, surrogacy arrangements, divorce, domestic violence and international matters. We specialise in complex property matters involving trusts and companies as well as matters involving third parties. We also regularly act in parenting matters including relocation matters and matters where there are child protection concerns. Our aim is to resolve family law disputes as quickly as possible so that our clients can move on with the next stage in their lives.
Hemming+Hart Family Law expertise includes:
- Pre-separation advice
- Property Settlement for married, de facto and same sex couples
- Parenting Arrangements
- De facto and same sex relationships
- International Clients
- Family law disputes involving third parties as well as the separating spouses
- Financial Agreements (including pre-nuptial agreements)
- Spousal Maintenance
- Child Support including Child Support Agreements
- Surrogacy and Assisted Reproductive Technologies
- Domestic Violence
Hemming+Hart has recently acted in:
- Assisting a Wife of a marriage to resolve her property settlement in 10 days including negotiation and formalising the agreement by way of Consent Orders.
- Obtained an urgent Order in less than 24 hours preventing children being taken from Australia to reside permanently overseas including obtaining an Order that the children be placed on the Airport Watch List.
- Advised an Investor looking to establish a mining venture on how to structure his interest in the venture to protect the mining company from any future matrimonial disputes between investors and their spouses.
- Assisting parties to a surrogacy arrangement obtain one of Queensland first parentage orders transferring parentage from the birth parents to the intended parents and providing the necessary independent legal advice pursuant to the Surrogacy Act (Qld) 2010.
- Acted for a Third Party company in negotiating a buy out of a divorcing shareholders interest within 6 months which saved the company over $100,000 in anticipated legal fees and prevented the company being joined to the proceedings.
- Acted on behalf of a Wife against her Husband and companies controlled by the Husband’s family in parallel Family Law and Corporations Law proceedings in the Family Court and expanded the net assets by $3.1 million (or almost 35%) resulting in the Wife receiving an additional $1.4 million in her property settlement.
Hemming+Hart can help:
Property Settlement for married, de facto and same sex couples
- Determine a client’s entitlements to property settlement and assess any offers for a property settlement.
- Prepare documentation to formalise property settlement, including Consent Orders and/or a Binding Financial Agreement.
- Make an Application to the Federal Magistrates Court or Family Court for a property settlement.
- Give advice as to whether or not a party is in a de facto relationship and their entitlement to property settlement.
- Recommend many alternative dispute resolution that can assist in resolving family law disputes regarding children.
- If alternative dispute resolution is not appropriate or it does not resolve the dispute, we can give advice regarding options to resolve the dispute without the need to go to Court.
- Draft Parenting Orders or a Parenting Plan to formalise arrangements for children.
- Advise parents of their rights in relation to time with their children including advice on equal shared parental responsibility, equal time, substantial and significant time, best interests, relocation, child abuse and major long term decisions.
- Act for relatives including Grandparents, Uncles, Aunties and Step-parents.
- Make an Application to the Federal Magistrates Court or Family Court for children’s orders (including child recovery Orders).
- Obtaining Orders to put children on the Airport Watch List (PACE ALERT)
- Providing advice in relation to children travelling to Hague Convention Countries and non-convention Countries.
- Apply to stay (or suspend) Australian proceedings commenced by the other party in Australia until the court of another country resolves the issue.
- Oppose an application that Australian proceedings be stayed, if it is in our client's interest to have the proceedings determined in Australia.
- Provide expert evidence as experienced Family Lawyers in Australia, for use in a Court in a different country as to the process that the Australian Family Court would take in determining the matter, and the likely outcome. This kind of evidence is often needed if the decision is made to attempt to stay (or suspend) the foreign proceedings so that matters can ultimately be determined in Australia.
- We have been involved in matters involving litigation in Australia and Germany, Singapore, Malaysia, China, Hong Kong, Papua New Guinea, the United Kingdom, the Netherlands, the United States of America, Phillippines, Vanuatu, New Zealand and Canada.
- Act for parents seeking to prevent their child being wrongfully removed from Australia or in relation to child abduction and negotiate safe arrangements for international travel.
Family law disputes involving third parties as well as the separating spouses
- Give advice to a corporate client when their business has been issued with a subpoena or third party disclosure notice.
- Act for companies and businesses when they are joined or seek to be joined as a party to litigation commenced in the Family Law Court to protect the assets of the company including intangible assets like the company’s confidential information.
- Act for companies and businesses early in a dispute to try and prevent them from being involved in the dispute between separating spouses.
Financial Agreements including “pre-nupital agreements”
- Drafting Binding Financial Agreements before marriage, during a marriage or de facto relationship or after separation.
- Provide independent legal advice in relation to the terms of a Binding Financial Agreement which is mandatory prior to entering into a Binding Financial Agreement.
- Give advice regarding the enforceability of Binding Financial Agreements and/or make an Application to set aside a Binding Financial Agreement.
- Drafting Termination Agreements.
- Completing Certificates of Independent Legal Advice.
- Give advice on entitlements to spousal maintenance in a marriage and maintenance in a de facto relationship.
- Make an Application to the Federal Magistrates Court or Family Court for spousal maintenance.
- Defend an Application for spousal maintenance.
- Make urgent spousal maintenance agreements.
- Draft Binding or Limited Child Support Agreements or help negotiate the terms of a Child Support Agreement.
- Advise either the paying or receiving parent on the terms of a Binding or Limited Child Support Agreement. Independent legal advice is mandatory prior to entering into a Binding Child Support Agreement.
- Assist clients who are dealing with the Child Support Agency in relation to changes of assessment or administrative appeals.
- Completing Certificates of Independent Legal Advice.
Surrogacy and Assisted Reproductive Technologies
- Advise either intended parents or birth parents prior to the Surrogacy Arrangement being entered into. Independent legal advice is mandatory prior to entering into a Surrogacy Arrangement.
- Prepare a Surrogacy Agreement that suits the needs of birth parents and intended parents, or help negotiate the terms of a Surrogacy Arrangement prepared by lawyers advising the other parents.
- Prepare the necessary Application to the Children's Court for a Parentage Order, after the birth of the child. The Parentage Order legally transfers the parentage of the child from the birth parents to the intended parents under the Surrogacy Act. The parenting Application can include the preparation of up to eight Affidavits to accompany the Application.
- Drafting Surrogacy Agreements and the providing of independent legal advice is generally provided on a fixed fee basis.
- Assist in making an Application to the Family Court to adopt a step-child.
- Advise clients in relation to adopting a child from Queensland or Overseas.
- Prepare an Application for a domestic violence order and attend at any Court Mention, Hearing or Trial.
- Defend an Application for a domestic violence order.
- Vary a domestic violence order.
- Prepare a joint or sole Application for Divorce and attend at the Divorce Hearing to obtain a Divorce Order.
- Prepare a Response to a Divorce Application and attend at the Divorce Hearing.
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