Family Law

Family law encompasses emotional, challenging, yet important areas of law requiring a nuanced, delicate approach.

At H&O, we have experience settling matters involving Australian and international relationships, property, and orders. Our devoted team has assisted clients in identifying and understanding their rights and entitlements across a host of proceedings including parenting responsibilities, asset and property division, violence in the family unit and court orders.

Asset Protection

The protection of assets, property and other entitlements is vital in avoiding adverse dealings by other members of the family unit. Considerations as to joint bank accounts and credit cards, real property interests, and shared income streaming mediums provide a foundation of proactive and secure asset protection. We can assist with prenuptial agreements, joint tenancy rights, trusts, bank liabilities and guarantees, property interests and caveats, testamentary trusts, and estate planning.

Children

There are precise regulations and support structures in place to protect children. These range from parenting orders to protect the vulnerable to surrogacy and adoption laws. We can assist with all matters involving children in the family unit including advice for surrogacy, adoption and other parental responsibility applications, binding child support agreements, contravention orders, child maintenance trusts, and custody disputes.

Divorce & Separation

The dissolution of marriages by way of divorce and other separation procedures are an exhausting and challenging time for all those involved. This is why we provide the support and understanding to clients, in all forms of relationships, across a variety of ethnicities, cultures, sexual orientation and religions. Our team advises on pre-separation procedures, divorce filing and requirements, property settlement, custody and parenting orders, and dispute representation.

Domestic & Family Violence

The perpetrated violence in a family unit, that is protected against and subject to court orders, covers more than just physical abuse. Domestic violence can be psychological, social, financial, sexual or technological abuse and its broad interpretation means both victims and perpetrators may be unaware of their rights and obligations. At H&O, we can assist with domestic violence orders (DVOs) and other family court orders, respondent defence and representation, enforcement and breaches of orders, and claim preparation.

Pre-action Procedures

Depending on the subject of the dispute, mediation or pre-action (before court) resolution attempts may be mandatory. Other procedures such as marriage counselling and separation reports may also be required. Before going to court, Family Dispute Resolution (FDR) provides a more cost effective and party-input focused negotiation to settle the matter. We can assist in FDR and mediation, representation, report and document preparation and pre-action plans.

Property Settlement

The alteration of proprietary rights and interests present unique contests, calculations and procedures. Binding financial agreements (BFA’s) and consent orders act to divide assets between the parties. We have experience in dealing with property settlements concerning local and overseas marriages, orders and property. We can assist with disclosure requirements, asset pool calculations, settlement negotiations, superannuation division, advice on contribution and future needs factors, and representation.

Spousal Maintenance

Spousal maintenance are payments, separate from a property settlement, for the purpose of financially supporting the other party who is unable to adequately support themselves after divorce or separation. Our team can assist with spousal maintenance applications and negotiation, advice on rights and amounts payable, and representation in court.

Initially worried about the world of family law and lawyers, I tried to negotiate an amicable divorce on my own. After many unsuccessful attempts, I turned to H&O Lawyers to help bring matters to a close.

I immediately appreciated the way Cheryl, Alexei and team listened to my circumstance and applied a high level of understanding and care in response. With each question I had, they explained how the Family Law applied so that I could make sound decisions for myself and my children's future. Throughout the case, they kept me informed as to what was fair, legal and realistic in response to requests from both parties and had developed a respectful work relationship with the other party's legal team to help progress matters. Each interaction with the team was efficient, which garnered more trust in their comprehensive knowledge of Family Law, and trust that they had my family's best interests at heart. This not only helped bring closure to my situation, but felt like I had one less emotional battle with a team that supported me.

Without H&O lawyers, I wouldn't have been able to achieve such a positive outcome which they advocated hard for. Trust in your Legal Team is so important, and I am very grateful I had this every step of the way with H&O Lawyers.

J.B. (Acted for since 2021)