It is imperative in your matter to present a fully inclusive affidavit of all the evidence you wish to be heard in your matter. This affidavit needs to reflect your narrative in a factual manner and may include reports from professionals, child services, police, mental health specialists and others.

Affidavits are very important in court matters. The Court relies on written evidence, not verbal, so it's imperative your affidavit is factual and detailed. Compiling the best affidavit possible is to your advantage and what we do best!

Your lawyer attending mediation is there to offer legal advice to you, usually in a private session, of  the possible settlement options canvassed. Lawyers will often ‘reality test’ proposals for settlement to see that they legally meet your requirements and also those needed for a court to enforce the decision. Your lawyer is not there to influence the way the mediation is conducted, but to ensure that you understand the legal ramification of any agreement reached.

You may choose to attend your parenting and/or property mediation unrepresented, but we do encourage you to be fully prepared to get the best outcome. We will help you identify the issues at hand, and discuss options around settlement and the process if the matter cannot be settled. Full disclosure is necessary at mediation so it is imperative you attend with a fully transparent portfolio which has been put together with the assistance of your lawyer in order to achieve a great result.

What happens at first mention family court?

The judge will list the matter for a Mention. This is basically a short period of time before the judge where he, or she, checks that the people involved in the case have done all that they need to do in order to progress to the next stage. You may feel more confident having a lawyer with you on the day. Mentions are often done via video link.

Trials are to be avoided wherever possible. Our philospohy is to settle matters amicably, however, if the situation requires an extended legal process, it is difficult to state exactly how long and at what cost the whole process will take. Therefore, our fee is on an hourly basis,

A Contravention Application is  made to the court claiming that another party is not in compliance with a court order. The aim of bringing a Contravention Application before the court is to force compliance or to get a remedy for a  past failure to follow a court order.

A child recovery order is an order of the court requiring a child to be returned to either the child’s parent or to an individual who has a parenting order.

For serious matters, child recovery orders can be processed immediately. For less serious matters, they can take a week or more. However, the court generally prioritises cases involving children and schedules the court date as soon as possible.

This document must be filed in accordance with any directions made by the Court and must follow a certain criteria. An affidavit will be required as well as a chronology of court documents and submissions, reports etc.

Affordable Family Law can assist you through the entire financial separation process including the sale of your property, if that is your situation. Our low-cost conveyancing services not only includes high quality customer service but also strict attention to detail. We offer outstanding value for money.

Affordable Family Law makes, what can be a complicated process clear, straightforward and easy to understand as well as being affordable and efficient. We take away the stress of this type of legal work and go the extra mile to keep you up-to-date with advice and information necessary for a smooth progress throughout the transaction.

A valid Will is essential to ensure that a deceased person’s estate is distributed according to their specific wishes after their death. The contents of a will should detail specific gifts to family members and friends, funeral arrangements, and any other legally binding instructions.

Separating couples should remember the importance of updating their wills as soon as possible after a property settlement has been concluded. Until divorce occurs, even though all assets have been distributed according to the wishes of each partner, the current will remains as the primary instrument used in the distribution of those assets, in the event of death.

Often when you do a property settlement, one party will agree to transfer some of their superannuation to the other party as part of the settlement agreement. This process needs to be done in a certain order under the guidelines of the Court and the client's superannuation fund. In order to 'split super', certain procedures must be followed carefully. This cost is often shared between the parties.