If you are going through a divorce or family breakdown, the last thing you need is to be overwhelmed by the legal process. You need the process to be explained to you in simple terms to ease your anxiety and stress. You need good legal advice to protect your interest.
We know the law and we know exactly how to help you.
We can help you with:
- Breakdown of de facto relationships, including same-sex relationships
- Property settlements (including superannuation)
- Binding Financial Agreements and “Prenups”
- Spousal maintenance
- Child support
- Disputes relating to Children
- Domestic Violence and Intervention Orders
Call us now to make an appointment to see one of our Dandenong family lawyers.
Divorce involves a breakdown of your marriage beyond reconciliation. This means that there is no possibility of you and your partner getting back together.
The divorce process is separate to property settlement, spousal maintenance, children’s orders and child support.
Divorce can be applied either by you, your partner or jointly. If you or your partner wish to apply for divorce on your own, you do not need the consent of the other.
At Rowson Brasse Lawyers, we know divorce and we understand you. We can help you to complete and lodge your application in Court and can appear on your behalf in Court if needed. We will ensure that your divorce runs smoothly and efficiently.
If you are in the process of obtaining a divorce and wish to know more about this process, please contact us to speak to a Lawyer.
A de-facto relationship is a relationship between two consenting adults who live together as domestic partners. This also includes same-sex relationships. Although there is no legal bond as in a marriage, the law recognises de facto relationships.
The Court may make financial or maintenance orders where there has been a 2 year relationship, a child of the relationship or there are exceptional circumstances.
Alternatively, the Court may make orders if your relationship is registered. You may register your de-facto relationship in Victoria in the local registry of Births Deaths & Marriages. This will also have a bearing in Estate Planning.
It is very important that you consult a family lawyer to protect your interest. If you are going through a breakdown of your marriage or relationship, contact us now to find out what you are entitled to and what your rights are.
Property settlements involve working out the rights of each party in a marriage or de facto relationship to current property and assets.
Following the breakdown of a marriage or relationship, you need good legal advice to protect your property interests. We attempt to resolve most matters by way of negotiation and only if absolutely necessary, do we take it to Court. This would save you considerably in legal costs.
A lot of people are preparing ahead by putting in place Financial Agreements, which can be made before (prenuptial agreements or Prenups), during or after the breakdown of a marriage or de facto relationship. Parties to a Financial Agreement contract out their right to bring a proceeding in Court for a property settlement.
Divorce is in itself a very emotional process. Without such Financial Agreements in place, it makes the breakdown of your relationship much more complicated and costly.
At Rowson Brasse Lawyers, we work to give you the best representation and the best outcome possible. If you are going through a breakdown of your relationship or wish to get a Financial Agreement in place, call us now.
The Family Law Act states that you must assist your spouse if your reasonably able to do so and their personal income and assets cannot meet their reasonable expenses.
This obligation may continue even after separation and divorce.
Protect yourself and your future, and call us now to learn more about your obligations and entitlements.
Australian Law states that it the parents’ responsibility to support their children financially.
The Child Support Agency, which is part of the Australian Taxation Office (ATO), decides how much should be paid for child support based on taxation records and collects this automatically from the owing parent. Payments are then made via Centrelink to the parent looking after the child.
Payments tend to vary each year based on the parent’s income, and a request can be made for a reassessment of child support.
Alternatively Child Support payments can also be by way of an agreement between the parties. Provided that it is in writing, signed and follows the guidelines set out in the Child Support Assessment Act (1989), it has the same effect as a Court order.
If you wish to find out more about Child Support payments, call us today.
Child “Custody” which is now referred to as “parental responsibility” is an important issue to be decided following a breakdown of your marriage.
Our team at Rowson Brasse Lawyers will be with you every step of the way and work towards achieving what’s in the best interests of your child. The Court will consider the best interests of the child, with its primary consideration being maintaining a relationship with both parents and protecting the child from abuse and neglect.
Arrangements for the children can be as agreed informally between you and your ex-partner written and signed by way of a parenting plan, or made into Court Orders.
We will negotiate on your behalf with your partner and if need be arrange for family dispute resolution, which is mandatory if you wish to take the matter to Court.
We will assist you in applying for parenting orders to be filed with the Court in a manner that would best bring out your case, and if need be, assist you in a contravention application if your ex-partner breaches those orders.
If you are having a dispute over responsibility of your children, call us now to find out what you can do.
The Family Law Act has provisions in place to ensure your safety from physical and psychological violence.
“Family violence” is a broad term which includes hitting and pushing you, threatening you, calling you names, forcing you to have sex, controlling your money, controlling who you see, making you feel worthless, scared or unsafe.
Where there are issues of family violence to partners, children or other members of the family, you can apply to the Magistrates’ Court for an Intervention Order. Once this is in place, any breach will be dealt with by the Police.
If you have been the victim of a violent crime committed in Victoria punishable by prison sentence, you may be eligible for assistance from VOCAT. You have 2 years from the date of the violent act to make a claim for financial assistance.
You may be eligible if you are:
- A primary victim – a person who is injured or dies as a result of the violent act
- Secondary victim – a person present at the scene of an act of violence
- Related victim – a person who is related to a primary victim who died
If you believe that you have been the victim of a violent crime, call us now to find out your rights.