At Mobbs & Marr Legal our professional team are committed to using processes that minimise the prospect of litigation. Our aim is to assist parties to resolve their matter with dignity and to preserve the integrity of the client.
We work with other experts (accountants, financial advisors and registered valuers ) to bring clarity and certainty to property issues. Our family law practice is experienced in dealing with matters that involve family-owned enterprises entwined with corporate, trust and partnership structures and third parties.
Child support agreements
As part of a property settlement or for that matter on stand alone basis you may wish to enter into a limited binding financial agreement or a binding financial agreement.
Separation is a difficult and emotional time. We care about our clients and provide professional and honest advice. Informal or verbal agreements are fraught with danger and irrespective of how amicable the separation is we firmly recommend a written agreement be recorded between the parties. Where the parents are in agreement that agreement can be recorded 2 ways. A more flexible option is a parenting agreement or a more formal option is a parenting order made by the court. Both options have benefits and drawbacks.
Unfortunately, not all parents reach agreement at first instance and in those cases, a mediation may (and often is) conducted to assist the parents in reaching agreement. On occasions where the parties are still unable to reach agreement proceedings are commenced in court.
We provide advice to clients in relation to property matters. Whether the matrimonial asset pool is large or small there is a 4 step approach to follow. We can provide advice to you in relation to where you stand in relation to property.
Proceedings must be commenced in court within 2 years of a separation in a de-facto relationship or for a married couple within 1 year of divorce. In certain cases, the court may exercise discretion and extend the date by which proceedings must be filed.
Where a party to an Order fails to comply with the terms of the Order the other Party may bring a Contravention Application in Court or an Application seeking to enforce the Orders. In some cases either Application could be pursued but legal advice should be sought as the remedies available are different in each case.
Sometimes questions arise as to who the father of a child is. In those circumstances the Court may order a paternity test be carried out. Generally, the party seeking the paternity test to prove who the father is (or that they are the father) will be responsible for the associated costs at first instance. Generally, the unsuccessful party will be ordered by the Court to pay costs.
Both relocation and recovery generally involve one parent moving with a child to another place such that it makes it difficult for the child to maintain the parenting arrangements in place and/or spend frequent time with the other parent.
Permission from the other parent should be sought and agreement reached before relocating failing which an Order should be sought from the Court permitting the relocation.
If a party does not reach agreement or obtain a Court Order before relocating the other party may apply to the Court urgently for recovery of the child by an authorised officer.
Both relocation and recovery orders are complex matters for which legal advice should be obtained and importantly in either relocation or recovery the test to be applied is what is in the child’s best interests not what is in the best interests of the parent seeking to move.
Spousal maintenance may be sought by one spouse from their former spouse following separation or divorce. It is separate and distinct from Child Support.