At Mal Ryan & Glen we understand that the breakdown of a relationship is a difficult and stressful time for all those involved. We provide high quality advice in all aspects of family law including divorce and separation, property settlements, parenting arrangements, child support and financial agreements. We are also highly experienced in property law and estate planning which means we can provide you with advice and assistance in all facets of law affected by the breakdown of a relationship.
Child Support & Maintenance
You must be separated for a period of 12 months before you can apply for a divorce. However, you can settle your property and financial matters and make arrangements regarding the care of your children before you are divorced. If you are thinking about separating from your partner, seeing us beforehand may provide you with more options and assist in avoiding complications if you do decide to separate. If you have already separated from your partner it is important that you see us as soon as possible so we may assist you in navigating the impact this decision will have on your children, your finances and your lifestyle.
You may be entitled to receive spousal maintenance from your partner or you may be on the receiving end of a claim. Spousal maintenance is financial support in the form of an ongoing periodic payment or lump sum payment made from one spouse to the other. Spousal maintenance also applies to de facto relationships including gay and lesbian couples.
If there are family violence issues we can provide you with advice as to whether you have grounds to apply for an Intervention Order (however, if you have immediate concerns for your safety please contact the Police for assistance). If you are served with an Intervention Order we can provide you with advice regarding all of your options and help you with defending the allegations.
We can provide you with assistance if you would like to complete and file a Divorce Application by yourself. We can also assist you if you would prefer for us to complete the application, serve it on your spouse and finalise the process for you. If your spouse has served a Divorce Application on you we can assist you with responding to or opposing the application if necessary. In situations where your divorce is more complicated (i.e. you are separated under the same roof) we can prepare the additional documents required to satisfy the Court's requirements and get your divorce granted.
If you have children and you separate from your spouse, one of your first priorities will be to work out the living arrangements for your children. Our lawyers can assist you with reaching an agreement with your partner about parenting issues. We can also refer you to counselling services to help with this process if this is appropriate. There is no standard custody arrangement as different arrangements work for different families.
We can assist you in formalising your arrangements by obtaining Family Court Orders without you needing to attend Court if you and your partner can come to an agreement. Court Orders are not required in every situation. We can discuss with you whether they will be helpful in your specific circumstance. We can also advise you about informal parenting agreements.
Our lawyers can also provide you with advice regarding your obligations to provide financial support for your children and assist you in understanding the child support scheme and how the assessment is calculated.