We Can Help You With:
Including mediation and spousal maintenance
Know where you stand when it comes to your property
Rest easy knowing your children will be looked after
Let AJB Stevens help you with the legalities of financial agreements
Can AJB Stevens Help Me?
Are you or a loved one going through a difficult separation or divorce?
Do you need help to resolve child custody matters?
Do you need guidance or assistance with binding financial agreements?
If you have answered yes to any of these three points then AJB Stevens can help. Our lawyers are the experts and industry leaders in family law. We understand that family matters are very sensitive issues and always treat our clients with compassion and empathy while providing you utmost privacy. Contact us today to see how we can help you.
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Family Law Issues We Deal With
Going through a divorce or separation is a very traumatic time, not only for the couple going through it but for children as well. No two separation or divorce cases are the same. Seeking the help of AJB Stevens will ensure that you receive entitlements that you deserve to help get your life back on track.
The team at AJB Stevens can help you through the divorce process to ensure your separation becomes official per the law.
Separation Involving Children
Our legal team can help you plan your course of action whether you are married or in a de facto relationship where children are involved.
De Facto Relationships
Separations involving De Facto couples have similar rights to those who are married. AJB Stevens can help make the separation process as smooth as possible.
Financial and Property
AJB Stevens can help walk you through financial and property agreements
Our family law team can help you draft up a prenuptial agreement.
AJB Stevens can help you with child abduction cases if needed, both within Australia and Overseas.
Frequently Asked Questions
What is family law?
Family law covers a wide range of legal issues that typically involve marriage and children. Family law subjects include divorce and annulment, child custody, support and visitation rights, or spousal support. Family law also deals with various aspects involving children including domestic violence, guardianship, adoption, and state child protection.
What types of family law issues do you cover?
We cover various aspects of family law, including de facto relationships, divorce and separation, financial and property disputes, separation involving children, and child abduction.
Do I need a Family Lawyer?
Family law can be quite contentious, while court processes and legal provisions regarding any family law matter can be extremely confusing. Consulting with a lawyer well versed in family law will help you understand your rights and can help to protect your interests.
When should I consult with a Family Law Lawyer?
You are able to consult with a lawyer at any stage, but the earlier you can consult with an attorney the better, especially before any decision is made, or any agreements or orders are signed so that you have a clear understanding of your rights and your interests can be protected.
What does a Family Law Lawyer do for me?
Family Law lawyers can provide many services, including the organisation and appraisal of various assets (of both parties), formalise agreements and ensure they are enforceable, prepare court documents, and more. We’re happy to discuss your needs and our role in your case in more detail via a consultation.
When Can I file for Divorce?
Although divorce can be extremely emotional and an often painful experience, a divorce application cannot be made within 24 months of marriage unless you get leave from the court. You will also need to show that you have been living apart for at least 12 months. While these rules are quite strict, depending on your individual circumstances, exceptions can be made. If you are going through a divorce, or want to file for divorce, AJB Stevens can advise on your options. Our family law team have vast experience dealing with divorce cases and will help to make the process as smooth as possible.
What if I am in a De Facto Relationship?
Couples in de facto relationships have many of the same rights as those who are married. If you are going through a separation and believe you are entitled to property, financial support, child custody or child support then you should seek legal advice. Separation disputes over property or children are treated the same as if you were married and can benefit from legal mediation and support. AJB Stevens can help to mediate your dispute and come to a resolution that both parties agree to.
What are my parental responsibilities?
When parents of a child under 18 years of age separate, each party continues to share parental responsibility of the child. This means each party shares decision-making regarding significant long-term issues such as major health decisions, religious observance, and where the child will go to school. This applies except when a court decides it is in the best interest of the child that one or both parents should have their parental responsibility removed. Parental responsibility applies regardless of the parent’s relationship status (i.e.: if the parents were ever married, in a de facto relationship, or otherwise). Note that equal shared parental responsibility is not the same as equal time.
How is access (child custody) established?
Issues regarding child access often arise from a divorce. Ideally, if the couple can come to an agreement on access in a mutually agreed upon manner, the court will honour this agreement. In cases where the couple cannot agree to either visitation or child custody, the court will issue a plan based upon the “best interest of the child” legal standard. The court will consider a variety of factors, including a parent’s ability to provide, the health of the parents, and the child’s preference when determining the best situation for the child.
Do I have a right to have access to my child?
Under Australian family law, the child is considered to have a right to a meaningful relationship with both parents, and to be protected from harm. A court is required, however, to give a greater amount of weight to ensure the child is protected from harm. When a court is making a decision, it will make an order based on the best interests of the child. Note that The Family Law Act 1975 is gender-neutral, and does not make assumptions in relation to parenting roles.
What is the difference between child support and spousal support?
Child support is a series of payments ordered by the court that is paid by the noncustodial parent to the individual charged with primary care and responsibility for the child. These payments are intended to cover items such as food, shelter, and clothing, education expenses, and health or medical care. Spousal support or maintenance represents recurring payments made from one spouse to another during a separation or after the divorce is finalised. Spousal maintenance is meant to recognize the recipient’s contribution to the marriage and to assist that spouse in achieving financial independence post-marriage.
How much spousal support am I entitled to?
The amount of spousal support varies but is generally greater if the duration of the marriage was longer and if your financial dependence on your spouse was greater.
Do I need a family lawyer for property/financial matters?
Yes. Our lawyers can assess the combined assets and liabilities of each party and their respective contributions throughout the relationship to determine what you are entitled to. This involves full disclosure through your spouse’s legal representatives. Our lawyers can advise on what can be added to the matrimonial pool and what contributions can be considered.
What is the process when you engage AJB Stevens?
When you enlist the help of AJB Stevens we work to help make your separation as pain-free as possible. We understand that any separation is a very trying time that needs to be dealt with sensitivity. Our lawyers will work with you to gather all of the information we need to build a solid case. We will protect your interests while helping mediate the situation and resolve your case outside of court. If this is not possible, we will stand with you throughout the court process.
What costs can I expect?
Legal fees vary on a case-by-case basis. Factors that may affect costs include the nature of the work to be undertaken, the instructions you provide to your family lawyer, and the age of your children. To find out more, contact our offices and we can discuss your case in greater detail.
Do you only handle family law cases?
No. AJB Stevens handles a variety of legal disputes, including will & estate disputes, compensation, and medical negligence. If you have a case that involves any of these areas, we’re happy to hear your story and help advise you on next steps. When you’re ready to talk, we’re ready to listen. To learn more about Family Law and how we can help you, contact the team at AJB Stevens.
Why Choose us?
At AJB Stevens, we work to help protect your legal rights. Our ability to offer each and every one of our clients professional and personalised service means we work hard to help win your case. Our directors are personally involved in each case so you can rest assured that a senior team member is always prioritising your case.
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How can we help?
Each Family Law case is different and unique in its own right. Seeking the help of AJB Stevens will ensure that you receive the help that you are entitled to, to help get your life back on track.
“The team at AJB Stevens Lawyer have been nothing short of amazing. They played a pivotal role in my compensation claim and I would highly recommend their services for clients like myself” – Khoa, Canley Vale