Services
DIFFICULT ROADS OFTEN LEAD TO BEAUTIFUL DESTINATIONS
Our Services
Still not sure?
Call us for an obligation free 15 min general advice phone call to see if we can help you.
Call us for an obligation free 15 min general advice call
contemplating separation
Confidential and obligation free advice and strategy meeting to assist you to know your rights and obligations in the event of separation.
Separation can be one of the most stressful and daunting decisions you will make. One wrong turn can set you on the path to financial strain or high conflict and acrimonious co-parenting arrangements. At Future Family Law we believe that with the right knowledge and support we can assist you to end a relationship in a way that:
- Promotes and protects your financial independence;
- Encourages safety for you and your children;
- Encourages a positive and respectful co-parenting relationship.
While we can’t tell you whether or not separation is appropriate in your circumstances, we can assist you by giving you options, strategies and a checklist of tasks and actions you need to consider if you make the decision to end the relationship. We will listen to your concerns and identify any red flags and other challenges you may face on the path towards separation and post separation. We will give you options, industry contacts and support networks and strategies about how best to deal with any red flags and concerns. Our advice is confidential and obligation free so your partner will never know you have been weighing up your options.
SEPARATED AND NEEDING ASSISTANCE
Explanation and assistance with everything from advice about your rights and obligations, guidance, negotiations, mediation and court representation until your issues are resolved.
At Future Family Law we recognise that every relationship is unique and as such there is no generic answer that applies to a family law problem. Our approach is to listen to your concerns and get a thorough history about your relationship circumstances so we can tailor solutions to suit your individual needs.
Call us for an obligation free 15 min general advice call
PROPERTY SETTLEMENT
Involves reviewing the current and historical financial circumstances of the parties to a relationship (including in some circumstances the financial circumstances of third parties), identifying the relevant contributions and future needs and making adjustments in accordance with the provisions of the Family Law Act.
Property settlement applies to:
- parties to a marriage;
- parties to de facto relationship;
- same sex or heterosexual couples;
- parties who have not lived together but have children together;
- Parties who have not lived together but have made substantial contributions to each other’s property during their relationship.
Property settlements involve a range of potential settlement outcomes. These outcomes are tailored to the specific assets and liabilities of the parties and are usually expressed in terms of a percentage adjustment of the total property pool. Alternatively, some property settlements are adjusted on an asset by asset basis.
There is no set formula for calculating property settlement outcomes and therefore tailored advice and assessment is required for each individual property settlement.
Future Family Law will provide you with plain English, concise advice about your likely range of property settlement and assist you to negotiate an outcome in the most timely and cost effective manner.
Legal outcomes are not the only consideration and at Future Family Law we acknowledge and promote the importance of weighing up the costs both emotionally and financially of striving to achieve an outcome that is outside of, or at the higher end of the possible range of settlement.
At Future Family Law we promise to:
- give you realistic and practical advice;
- to deliver the bad news gently; and
provide and/or refer you to the appropriate experts to assist you to make sound and informed decisions about your financial future.
PARENTING ARRANGEMENTS
Making arrangements for your children is one of the most important decisions you will make in any separation. The needs of children and family dynamics are unique to every family.
We will assist you to navigate your co-parenting arrangements in a way that:
- promotes safety for yourself and your children;
- provides an amicable and respectful co-parenting arrangement (where possible);
- is appropriately tailored to the unique needs of your family.
Where you are dealing with challenging family dynamics such as family violence, narcissism and/or children or parents with special needs we will develop parenting arrangements, with the assistance of appropriate experts to best suit your family.
CHILD SUPPORT
Child Support is governed and collected via the Child Support Agency which is run by the Australian Government. In most circumstances, the payments, which are calculated using a formula established by the Child Support Agency are mandatory and based on the taxable income of the parents and the nights in care. It is possible to have private arrangements or to “contract out” of the Australian Government Child Support obligations.
We can assist you with the preparation and advice about private child support agreements which can deal with private collection, alternative periodic maintenance, children’s expenses such as education, medical and extra-curricular costs.
FAMILY VIOLENCE
Domestic or Family Violence is an element considered in all aspects of family law proceedings. We can assist you with applying for or defending an Application for Protection Orders and also provide referrals and advice around a safety plan or rehabilitation for offenders.
Family Violence can include physical, verbal, emotional, financial abuse, threats or stalking by a party to a relationship or member of the family of a party to the relationship. If you are experiencing family violence please call 000 for urgent assistance.
COURT PROCEEDINGS
We can advise, guide and represent you in Federal Circuit Court, Family Court and Domestic Violence proceedings about family law issues (property settlement, parenting arrangements, domestic violence).
At Future Family Law court proceedings are used as a last resort. We understand that court proceedings promote and escalate conflict and animosity between waring parties. In saying that, there are circumstances where court proceedings may be necessary (by choice or compulsion) or part of the strategy to engage an unwilling or unco-operative party. We can and will guide you through the court process and keep you fully informed about and advised about strategies you can implement to put an end to the court battle and resolve the dispute. We also help you to assess the timeframes, emotional and financial costs of court proceedings against other alternative dispute resolution options which will present themselves at various stages of your matter.
SECOND OPINIONS
Already have a lawyer but not sure if you are heading in the right direction – we can assist with a second opinion and strategy meeting.
SELF REPRESENTATION / AD-HOC ADVICE AND COACHING
If you have the confidence to handle your negotiations and court proceedings yourself but need some guidance along the way about the discrete issues we can help you with this.
GRANDPARENTS AND OTHER PARTIES
Family law issues don’t always just impact the immediate parties to the relationship. Often grandparents, step parents or other family members are directly involved in the care of children or provision of financial assistance. The rights of third parties vary depending on circumstances. We can assist and advise third parties who have been directly or indirectly impacted by a family separation. Some examples of how we can assist third parties with family law issues are as follows:
- Grandparent rights – assisting grandparents or other family members to establish the legal right to spend time with the children of the relationship where this is not being facilitated by one or both parents.
- Third party parenting rights – modern families are unique and not constrained to conventional family dynamics, if you have been actively involved in the life of a child and wish to maintain that connection following separation of the parents you may have a right to pursue court orders confirming this right. We can assist and advise you about this process.
- Financial Contributions and/or family loans – if you have provided financial assistance to a friend or family member who is involved in a family law separation and you are worried about your right to recover your loan or gift, we can assist and advise you in the recovery of these funds from the separated parties to the relationship.
Call us for an obligation free 15 min general advice call
AGREEMENTS / CONSENT ORDERS
Whether you have reached an amicable settlement between you and your ex-partner yourself or via an alternative dispute resolution process we can assist you with the formal documentation of the legal and enforceable orders.
This can include:
- conversion of parenting plans into consent orders;
- property settlement orders – eg transfer of property, super splitting orders, refinancing of loans;
- parenting arrangements;
- private child support agreements;
- spousal maintenance agreements;
- financial agreements – often used if you are intending to retain some joint property or a joint business into the short or long term future.
At Future Family Law we will provide you advice on your negotiated agreement and flag concerns or practicality issues that may impact your proposed agreement while trying to maintain the integrity of the agreement you have worked so hard to negotiate.
We can also assist you with the implementation of any property transfer and super splitting orders or refer you to the appropriate experts who can assist with this process.
PRENUPTIAL (SEPARATION PROTECTION)
Family Law property settlement can be an expensive and stressful process. We all like to believe that our relationships will stand the test of time, and that our vows “til death do us part” will serve our relationship in truth. The reality for many couples, is that for whatever reason, life will not go to plan and relationship separation becomes part of their story. A Financial “pre-nuptial” Agreement can provide an “insurance policy” that assists parties to a relationship to avoid unnecessary costs and conflict in the event of separation.
Common couples who seek out a Financial Agreement to protect their assets from relationship breakdown include:
- parties who come into the relationship with disparate assets, financial resources or liabilities – normally the person with more assets will be seeking to protect those assets from claims by the other person;
- parties who have been “burnt” by the costs of the family law system and relationship breakdown before;
- parties who stand to receive significant gifts or windfalls during a relationship that they don’t want to share with the other person.
We can provide you with advice about whether a “Financial Agreement” is right for you and assist with the preparation of this document if it is suitable.
Call us for an obligation free 15 min general advice call
Call us for an obligation free 15 min general advice call
DIVORCE
For married couples – official terminating the marriages involves a Divorce Application.
Divorce in Australia is “no fault” which means that you only have to prove to the court that you have been separated for a period of 12 months and that you have adequate arrangements in place to provide for the children of the marriage.
We can assist you with your divorce application and any necessary court appearances or supporting evidence that may be required for your application.
DISPUTE RESOLUTION
A process which utilises an impartial third party to assist parties to resolve their issues in dispute – this process is compulsory for parenting arrangements and recommend for property settlement.
At Future Family Law our goal is to keep you out of the court system because:
- it is cheaper;
- it is less stressful;
- it promotes a negotiated settlement that is controlled by the parties to the dispute and not a judge (who knows no more about your unique family than what is written in the court documents);
- it generally allows for more flexible options and outcomes;
- it generally leads to greater acceptance and satisfaction with the final outcome.
Our lawyers can assist you by:
- referring you to the appropriately suited dispute resolution service;
- preparing you for the negotiations;
- advising and guiding you during the negotiations; and
- documenting any agreement reached during negotiations.
Selena James is also an accredited Family Dispute Resolution Practitioner and offers services as a mediator. For more information about our Mediation and Dispute Resolution service you can go to Future Family Dispute Resolution.
Call us for an obligation free 15 min general advice call
CONSULTATION AND SERVICE
Fees
We offer fixed fees
We offer fixed fees for all work so you have certainty, control, transparency and efficiency at every step of the process.
Contact us to arrange a fixed fee initial consultation which can occur in person at our Aspley offices, by phone or by zoom.
HOW IT WORKS
1
In-depth initial consultation to discuss issues, possible solutions and work required.
2
Presentation of scope setting out what we do (and don’t do) and a fixed fee cost.
3
You accept or decline the scope and pay the agreed instalment into our trust account.
4
If issues or work deviate from agreed scope we present a variation which you accept or decline.
5
You are billed at agreed fixed stages of each scope as the work is completed.
Client feedback
At future family law we value our client experience as much as we value our clients
Thanks for your support and guidance on Monday. You have made this process almost enjoyable 🙂
I wake each morning feeling a great weight lifted from me.
I would highly recommend Selena to handle your family law matters. Regardless of the complexity of any case, she will deliver and won’t back down from bullies, intimidation and threats. Thank you once again Selena for your help. I cannot thank you enough for helping me get control back of my life. I am now starting a new life and starting to calm down a bit and enjoy life as it should be.
Thanks so much, Selena. You really have been such a rock in all of this for me and I am very glad I decided on your firm. We did pretty well, in terms of what we were up against. The world needs strong women like you on their side, so thank you. Thank you for choosing your profession and being a woman of integrity in the process. Speaks volumes.
All the best, sincerely. Has been quite the journey and one that will forever be part of my story.
Thankyou for your help it’s been invaluable but if the silly moo had just agreed to this in august we could have avoided all this, that said, I wouldn’t now have a brilliant family lawyer to recommend to my friends.
Thank you for everything you done on Friday, you made me feel relaxed while we worked through the financial & parenting agreements. I am so glad I walked away from my previous solicitor & found you.
Real people,
Real problems,
Real solutions
Many thanks for everything Selena.