How We Can Help

Property Division

 

How your assets are divided can often cause serious concern for parties in times of separation. We recommend that you obtain advice about your circumstances as soon as possible after separation, to ensure that you are aware of your rights and the Court process, and can put arrangements in place that are best for you and your family.

Hirst & Co specialise in complex property settlements, and are experienced in matters involving real property, trusts, and complicated corporate structures. Ross Hirst and our team will work closely with you throughout your matter to ensure you understand the process step by step, and will work hard to achieve the best result you are entitled to.

We have assisted many clients to reach a settlement with their former partner both through mediation and direct negotiations, and encourage all of our client to engage in the settlement process to resolve their matter as quickly and as amicably as possible. When dividing property after the breakdown of a relationship, the Court considers a number of issues, including:

  • What property you each contributed when you started your relationship;

  • What the current value of your assets and liabilities are to be divided between you;

  • What contributions you both made during the relationship, both financially and through your role at home;

  • What you have both contributed after your relationship has ended, both financially and through your role at home;

  • What factors should be taken into account for the future; and

  • Whether the division reached is just and equitable in all of the circumstances of your case.

The circumstances of every family is different, and how your property is divided will depend entirely on those circumstances.

Parenting

 

When you and your partner have separated, tough decisions must be made about where the children live, how much time they spend with the other parent, and how decisions about their lives will be made in the future.

Hirst & Co can provide you with advice about what care arrangements are best for your family, and assist you through the process of finalising arrangements for your family, including:

  1. Preparing settlement documents to reflect the agreement you have reached with your former partner;

  2. Advising you about, or attending mediation with you to help you to reach an agreement with your former partner; and

  3. Assisting you through proceedings in Court if you and your former partner are unable to reach an agreement.

Hirst & Co have extensive experience in assisting clients with both straightforward and complicated parenting circumstances, and can provide you with advice about the factors taken into account by the Court when making a decision about the arrangements for your family.

Dispute Resolution

 

At Hirst & Co, we understand that most clients wish to resolve issues with their former partners as quickly as possible, and without the stress and uncertainty and cost of protracted Court proceedings.

All clients who have separated from their partners must engage in the dispute resolution process, and we encourage all of our clients to do so in a meaningful way to give you and your partner the best chance of reaching a favourable settlement.

Mediations are the most common form of dispute resolution process in family law, and we have extensive experience in assisting clients to prepare their case for mediation, and negotiating the settlement that you are entitled to based upon your circumstances.

Financial Agreements

 

A Financial Agreement is a contract entered into by you and your partner or spouse that documents how you wish to deal with your assets and liabilities, or spousal maintenance. A Financial Agreement can be entered into at varying stages of your relationship, including:

  • Before you move in together;

  • Before you get married;

  • During your marriage (including while you are separated); and

  • After you have been divorced.

Unlike consent orders, a Financial Agreement does not involve the Court during the ‘sign off’ stage, but can be enforced through the Court at a later time if necessary.

Both you and your partner are required to obtain your own, independent legal advice before entering into a Financial Agreement. Ross Hirst and his team are specialists in preparing and advising clients on Financial Agreements, and are experienced in ensuring that the strict requirements of Family Law Act are met.

Child Support

 

Both parents are responsible for the financial support of their children.

If you and your former partner are unable to reach an agreement between you about child support, you can make a request to the Department of Human Services (Child Support) for an assessment of support payable, based upon the care arrangements for the children, and the incomes of both you and your former partner.

In some circumstances, it is possible to apply to the Court for orders with regard to child support, however this is not always available and you should contact us for advice about your options.

If you and your former partner are able to reach an agreement about the financial support of your children, we can assist you with the preparation of a Binding Child Support Agreement to ensure that your agreement is binding on you both. A Binding Child Support Agreement is a contract entered into by you and your former partner and requires you to obtain your own, independent legal advice before entering into an Agreement. Ross Hirst and his team are specialists in preparing and advising clients on Binding Child Support Agreements, and are experienced in ensuring that the strict requirements of Child Support (Assessment) Act are met.

Divorce

 

A divorce is an order from the Court that ends the connection between a husband and wife. An Application for a Divorce does not involve the division of your assets and liabilities, and does not put in place arrangements for the care of your children or the payment of child support.

For many people, an Application for Divorce is a simple process that they are able to prepare themselves. Before you can do so, you must be able to establish:

  1. That you have been separated for a period of not less than 12 months;

  2. That there are no prospects of you and your spouse resuming your marriage; and

  3. That proper arrangements have been put in place for any children of the marriage.

Information about applying for a divorce is available online here.

Please be aware however, that once your divorce is finalised you have 12 months to apply to the Court for property settlement orders or spousal maintenance, after which you require the leave of the Court to apply (that is not always granted).