Melbourne Family Lawyers
Kelly & Chapman Family Lawyers act for clients in various matters including:
1. Property Division
2. Defacto and Same Sex Matters
3. Child Custody Matters.
4. Relocation Matters.
5. Intervention Orders and family Violence.
6. Asset Protection and Financial Agreements.
Pursuant to the Family Law Act the court will look at the size of the Asset Pool, Initial Financial Contributions, Homemaker contributions, Financial contributions, Future Needs of both parties, Care of the Children and then finally whether the outcome is fair between the parties.
Kelly & Chapman Lawyers have acted for many clients in these matters. The Law is complex and it is important to be given a realistic estimate of what you are entitled.
Our Lawyers will attempt to settle your matter in the most cost efficient manner. In many cases property disputes can be resolved without the necessity of initiating proceedings in court. Often agreements can be reached with financial agreements or court orders by consent.
Defacto and Same Sex Matters.
If you are in a defacto or same sex relationship our Lawyers can assist you with any property disputes, child custody matters, adoption, surrogacy agreement advice or estate planning matters.
Child Custody Matters.
The Family Law Act provides that the interests of the child are the primary concern. There is therefore a presumption that child has a right to spend time and communicate with both parents. Similarly there is a presumption that each parent has shared parental responsibility for the children. This presumption may not apply in the event of child abuse and family violence.
Our lawyers can assist you and provide advice in relation to child custody matters. We understand that this is a very delicate matter and each parent wants to ensure the best interests of the child.
Often after separation a parent may wish to move with the children interstate, overseas or a long distance away. We are expert in acting for clients in these matters in court. If this is the case call us for a free consultation. The court may make an order that prevents a parent moving away. The caselaw is very complex and it is important you obtain expert advice.
Intervention orders and family violence.
We act for clients in relation to restraining orders. We have obtained restraining orders for parties in order to protect them from family violence and aggressive behaviour by partners. We have also successfully defended clients in court when allegations of family violence are made by a party.
Asset Protection and Financial Agreements.
It is possible to protect your assets in the event of separation by drafting a financial agreement. A financial agreement allows you greater certainty in understanding how property will be divided when parties separate. For example you may own a home, investment properties, want to protect your inheritance or have a business. Call us for an initial consultation.
You can divorce after you have been separated for 12 months or more. We make your divorce easier and will take you through the application process, file the application, serve the other party and make sure everything goes smoothly. Even if you cannot contact your ex partner or know their whereabouts that can be easily resolved by our experienced lawyers.
Our Family and Relationship Lawyer is Michael Harris.