FAMILY LAW

Family law services in Adelaide

If you require assistance with family law matters, then ORB Lawyers can provide all the professional support you need. Our team has years of experience and can offer thorough and up-to-date advice regarding all types of family law matters.
We understand that such cases can be highly sensitive, especially where children are involved, so you can rest assured that our solicitors will always take great care in handling your case. Similarly, the division of property can be both complex and sensitive, so we’ll guide you through all of this with as much ease as we can.
At ORB Lawyers, we’re committed to making things as stress-free as possible and will work closely with you to achieve a family conflict resolution. We always try to find alternatives to court, saving our clients’ money and reducing your anxiety. If we do go to court, you can trust our team to represent you vigorously and conscientiously.

We have experience in preparing

  • Marital and domestic partners’ property settlements
  • Pre-marriage co-habitation and financial agreements
  • Child custody access (children’s issues including residence and contact with children)
  • Divorce and separation agreements
  • Representation for the family courts
  • Same-sex domestic partners' property settlement


Property settlement (marriage)

Most property disputes are settled out of court, and it’s best to seek independent legal advice about your rights and obligations before agreeing to anything with your former spouse. This will protect both of your interests and will ensure everything is divided as fairly as possible. 
Property settlements can be agreed upon at any time following a separation and either before or after a divorce, though it should be noted that time limits apply post-divorce. When an agreement is reached, a Consent Order is then applied for through the Family Court, or entering into a Binding Financial Agreement. At ORB Lawyers, we can provide all of the assistance you need to come to an agreement and prepare the documents required to finalise that agreement.
If an agreement isn’t reached, then we can apply to the Federal Circuit Court or the Family Court for orders to be made with respect to the division of property. The court process allows for further negotiations between you and your spouse, with the assistance of lawyers and a registrar of the court before your case progresses to trial.

 De facto property settlements

The laws that apply to de facto couples in South Australia have changed, so if you separated after July 1, 2010, then the property of your relationship will be dealt with under the Family Law Act in a similar manner to marriage. This applies to same-sex relationships.
If you’re able to communicate with your ex-partner, then the best way to sort out the division of your property is by agreement. Once an agreement has been reached, our lawyers at ORB Lawyers can assist you with preparing the documents to finalise that agreement.

Children

When relationships break down, children are often involved, and the court must decide where they will live and how often they will see each parent. Disputes can often arise, but our team are skilled in mediation and have handled many cases relating to children’s issues. 
If you’re unable to come to an agreement about these matters, then you may need to apply to the Federal Circuit Court or Family Court for Orders regarding the care of the children. Orders about children can be made at any time after separation, and we can give advice on your rights and responsibilities, or apply to the court on your behalf.

Divorce 

If you want to obtain a divorce, then you must be separated from your partner for at least 12 months before filing for this, unless you’ve been married for less than two years. Following a divorce – which is formally ended with a Certificate of Divorce - division of property must be finalised within 12 months.
Divorce is a separate entity from any other family law matter, such as property, children’s issues, child support or spousal maintenance, which are all dealt with on their own merit. At ORB Lawyers, we can prepare, file and arrange service of your divorce application, as well as attend the court hearing.

Before marriage agreement

Many couples now set guidelines at the beginning of their relationship about what will happen with their property if they separate in the future. The Family Law Act now allows that parties can enter into a Binding Financial Agreement (BFA) for that purpose, but for this to be binding, each person must have the benefit of independent legal advice.

Call us today on 08 8384 3430
for more information about our family law services in Adelaide.

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