Family & Relationship Law
Maksisi Lawyers practice in, and provide legal advice, in the area of family law and relationships.
We are able to advise you in relation to:-
- Children and Parenting;
- Binding Financial Agreements and Prenuptial agreements;
- Property Settlement;
- Independent Children’s Lawyers;
The Family Law Act 1975 sets out the matters that the Family Courts consider when determining the question of the division of property and children.
The Family Courts have jurisdiction in relation to de facto matters pursuant to the Family Law Act 1975. There are a two tests:
- There must be a de facto relationship, as referred to in in section 4AA of that Act; and
- At least one of the requirements referred to in section 90SB must be found.
When considering property settlements, the Family Courts will employ a process that involves four key questions. The answers to these four key questions will assist the Court in determining what division of property is appropriate.
The four key questions are:
- What is the value of the assets of the parties to the relationship?
- What are the particular contributions that each of the parties to the relationship have made? This falls under the provisions of section 79(4).
- What are the particular future needs of each of the parties to the relationship? This falls under the provisions of section 75(2).
- The final key question is: What is a likely just and equitable result: This falls under the provisions of section s 79(2).
The Family Courts should be a last resort for people who are dealing with matters concerning property and children. We are here to assist you to try to (where appropriate) resolve the matter without the need to go to Court. If required, we can advise you and assist you to proceed with the matter to Court.
