Family Law

Your leading family & divorce lawyers
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Get the best advice to move forward today

For most of us there are very few things in life more stressful than divorce or separation, so it’s easy to understand why taking the first step to talk to a family lawyer can be so difficult.

Sadly though, relationship breakdown can happen even when you think it will never be you. And when it does, the last thing you need is to add to the confusion and strain with paperwork and complicated legal processes.

The first step to a straightforward separation is understanding what follows

Whether you need help with a property settlement or parenting arrangements, drafting a Binding Financial Agreement, or you’re looking for assistance in applying for a divorce, at Frichot Lawyers, we can help.

Property and financial settlements

If you have made a decision to end your relationship, whether you’re married or ending a de facto partnership, the big question is, ‘what do I do now?’

Even relationships that end harmoniously can become acrimonious or unsettled once discussion turns to the division of property and other assets. Or worse, years down the line after what you thought was an amicable, informal resolution.

At Frichot Lawyers, our family lawyers are experts in property and financial settlements, providing quality advice and effective strategies to successfully achieve a just and fair resolution. With us, you can trust you will never be in the dark, and that you will understand your rights, obligations and entitlements, as well as the full scope of your legal options.

Protecting your financial and emotional interests is forefront in everything we do, so wherever possible, our family lawyers resolve disputes through negotiation and mediation. Where parties are unable to agree, we are expert litigators, navigating the process efficiently with a focus on minimising the cost to you and resolving the matter at the earliest possible stage.

We can also assist with superannuation splitting, strategies for minimising transfer and stamp duty fees, and debt division.

Need help with a property settlement? Call us today to make an appointment

Complex and high net worth property settlements

Although the legislative framework for property division is the same regardless of the size or complexity of your asset pool, high net worth settlements tend to involve more complicated business interests and unconventional asset classes. In these circumstances, the path to resolution can be drawn out far longer than is the case for other types of property settlement, and specialist financial knowledge is a must.

With our solid background in commercial, corporate and property law, our family lawyers are specialists in complex and high net worth matters. We are highly skilled in identifying the full scope of your assets and liabilities, from property, savings, loans and mortgages, to businesses, investments, stocks and more. We can also provide advice and assistance on successfully managing third party interests, and through our quality networks will arrange for expert valuers, barristers and forensic accountants where necessary, to facilitate efficient and just adjudication of your settlement.
While your matter is in progress we will also advise and represent you in respect to all necessary temporary orders for living arrangements, spousal support, arrangements for children and any other relevant matter.

Call us today to see how we can help you

Parenting, access and custody arrangements

Managing the ongoing care of children can be extremely difficult after separation, even if you are on good terms with your former partner. Changed family dynamics are often hard on children and parents alike, and new living arrangements inevitably give rise to unfamiliar issues and logistics.

When you are exploring the questions of where the children live, or how much time they spend with either parent, it is a good idea to seek legal advice early on, not only to minimise stress and establish a healthy co-parenting relationship, but also to avoid future potential pitfalls should your circumstances change.

If you are the sole applicant in a divorce application, the court requires that you and your former partner have proper arrangements for a wide range of matters concerning the care, welfare and development of your children under 18 years of age. These include making decisions on where the child lives, the amount of time spent with the other parent, a range of parental responsibilities, and education, medical and other matters. In many cases, coming to an agreement on all of these issues can be difficult to achieve.

At Frichot Lawyers, we help you resolve all of your parenting matters, from providing advice on your responsibilities, to drafting parenting agreements and applying for consent orders, to negotiating, mediating or litigating disputes so that you can reach a resolution that works for you while minimising the impact on your children.

We are also experienced in dealing with a range of other parenting matters, including:

  • third party rights, including grandparents or step parents
  • relocation of children
  • international child recovery
  • binding child support agreements
  • adoption and surrogacy

Call us to get your parenting arrangements in order today

Divorce

Applying for a divorce is in most cases a relatively straightforward process. An applicant simply needs to show the court that the marriage has irretrievably broken down (evidenced by a period of at least 12 months separation), and that there is no likelihood of reconciliation.

While divorce is relatively uncomplicated in the majority of cases, there are circumstances where you may need legal help, including if you are not familiar or confident with court processes. If you are having trouble understanding what is required of you, we can prepare and serve your application for divorce so that you can be sure the process has been completed correctly.

There are also circumstances where applicants are required to attend a court hearing. This is the case if you or your former partner has made a sole application for divorce and you have children under the age of 18, or where one party objects to the divorce application. If you are in this position, we can prepare and file your documents including affidavits of evidence, and represent you at the divorce hearing.

Applying for a divorce? Call us to see how we can help you move onto the next stage

Ready to get started?

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Binding Financial Agreements

Protect for tomorrow what you are building today with a strong BFA

Family law isn’t always about disputes and disagreements. In many cases it is simply about being pragmatic and proactive, ensuring that your interests and those of your family are protected into the future, should your circumstances change unexpectedly.

If you do have the opportunity, a formal, binding agreement can be the key to a trouble-free separation by insulating you from conflict, safeguarding your assets, and setting in place arrangements for children and other important matters going forward.

Need to find out more about BFAs?

Call us today

What is a Binding Financial Agreement?

A Binding Financial Agreement, or BFA, is a written agreement between two parties to a relationship that outlines terms for a range of matters, including division of assets, provision of financial support, management of inheritances, arrangements for children and more, in the event of separation or relationship breakdown.

A properly drafted and executed BFA will remove the ability of the Family Court to make settlement orders, which is a huge financial and emotional benefit to both parties as it reduces the opportunity for conflict and the potential for costly legal proceedings.

When can I enter into a Binding Financial Agreement?

You don’t need to be at the start of your relationship to enter into a Binding Financial Agreement. BFAs may be entered into from the commencement of a relationship, whether or not you choose to marry, or they can be entered into during the relationship, post-separation, or even after divorce.

Do I need a Binding Financial Agreement?

A Binding Financial Agreement won’t be the right option for everyone, but there are circumstances where a strong BFA will be the right way to go. This is likely to be the case where one party has considerably more assets than the other in the relationship, or where one party is set to receive a future inheritance or business. In these circumstances, a meticulously drafted and executed BFA is a reliable way to keep these ‘off the table’ in the event of relationship breakdown.

On the other hand, one party to the relationship may have significant and ongoing financial obligations that the other party will want to be protected from if in the future the parties decide to separate. A strong Binding Financial Agreement can ensure that these obligations don’t continue post-relationship for the other party.

Other stakeholders in businesses who are a party to the relationship may also benefit from having their interests safeguarded with a BFA.

Think you might need a BFA? Call us to arrange a consultation

We draft the most robust Binding Financial Agreements, no matter your circumstances.

At Frichot Lawyers, we are deeply familiar with the complexities of drafting an ironclad BFA that anticipates and plans for your life and events now and into an unknown future. Our experience and expertise across relevant practice areas, including family law, property law, and commercial law enables us to draft comprehensive and watertight Binding Financial Agreements, no matter your situation.

So, whether you’re in a de facto relationship, you’re thinking of getting married, you’re in a same-sex relationship, you are already married, or even if you are already separated, we can help.

Call now to book your BFA

How we helped Steve & Liz to protect their assets

Steve and Liz, both in their late-forties, came to us when they were 3 years into their relationship and had been living together for over a year.  Both had been married before, Steve with four children still at school, and Liz, with just one daughter in her twenties.

Both Steve and Liz had assets of a similar value, but Liz’s mum had recently passed away leaving a sizeable inheritance.  Liz wanted to make sure, that in the event of a relationship breakdown, or other unforeseen event, that her daughter would be the sole beneficiary of what would be left of the inheritance, despite how long they may have been together.  Steve was agreeable and happy that this should be the case.  We were able to assist, advise and draw up a BFA for the best possible outcome.

Meet our family law team

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Ante Zorotovic

Director
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Simon Jones

Head of Practice
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Mila Mortimer

Senior Associate
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Jasmine Zebra

Associate
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Sara Cresswell

Lawyer
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Benjamin Lawrence

Lawyer
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Stephanie Jones

Lay Associate
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Ellen Evans-Teoh

Law Graduate
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