Family lawyers serving Newcastle
Separation and divorce are among the most difficult legal matters a person can face. Julia Clarke Solicitor provides pragmatic, experienced family law advice for clients across Newcastle, focusing on achieving fair outcomes by negotiation wherever possible rather than unnecessary and expensive Court proceedings.
We advise clients across Newcastle on all aspects of family law under the Family Law Act 1975, from initial separation advice through to the registration of consent orders or, where necessary, contested proceedings in the Federal Circuit and Family Court of Australia.
Property settlements
On separation, a property settlement determines how the assets and liabilities of the relationship are divided. The starting point is an assessment of what each party contributed to the relationship, both financially and non-financially, followed by any adjustments for future needs. The process applies to both married couples and de facto partners who have been together for at least two years.
We advise Newcastle clients on their entitlements, assist in negotiating an agreed outcome, and prepare binding financial agreements or consent orders to formalise the settlement. A properly documented settlement provides certainty and protects both parties from future claims.
Parenting arrangements
Where there are children of the relationship, arrangements for their care, welfare, and development must be agreed or determined. The paramount consideration is always the best interests of the child. We assist Newcastle parents to reach workable parenting plans or to formalise arrangements by way of consent parenting orders, and we provide advice on the factors the Court will consider if the matter proceeds to hearing.
Divorce applications
An application for divorce may be made once the parties have been separated for 12 months and there is no reasonable likelihood of resuming the relationship. We prepare and file divorce applications for Newcastle clients and advise on the implications for property settlement time limits under the Family Law Act.
Consent orders and financial agreements
Once an agreement is reached, it should be formalised in writing. Consent orders are approved by the Court and are binding and enforceable in the same way as a Court order. Binding financial agreements (sometimes called BFAs or prenups) can be used to record property settlements or to set out arrangements in advance of a relationship. We draft and advise on both.
De facto relationships
De facto couples who separate have the same rights under the Family Law Act as married couples, provided the relationship meets the statutory criteria. The two-year limitation period for property settlement claims applies equally to de facto partners. We advise Newcastle clients on their rights on the breakdown of de facto relationships.