Family Lawyers

A property settlement is the legal process of dividing assets and liabilities between separated parties to reach an outcome that is just and equitable. Usually, your net assets will be documented in a Balance Sheet, which lists the items available for division, such as:

• Real and personal property;
• Cash and funds held in bank accounts;
• Shares and investments;
• Superannuation;
• Vehicles, boats, and motorbikes; and
• Loans and liabilities.

The division considers each party’s contributions, whether financial, non-financial, or as a parent or homemaker and the current and future circumstances of each party. While parties can negotiate their own agreement, it only becomes legally binding once it has been formalised through Court Orders or a Financial Agreement.

Our family lawyers are experts at helping you navigate the property settlement process so you can reach a just and equitable agreement and cut the financial ties between you and your ex-partner.

At Rostron Carlyle, we are committed to easing the stress of creating parenting arrangements that work best for your family.

Parenting matters typically focus on time and living arrangements, schooling and education, medical and health care decisions, cultural and religious considerations, and communication between your children and each parent.

Under family law legislation, your child’s best interests are the primary consideration, and the Court will look at whether there is an opportunity for your children to have a meaningful relationship with both parents, whether there is a risk of any physical or psychological harm to the children, the children’s point of views (depending on age and maturity), and whether you and your ex-partner are able to cooperate and make joint decisions.

Navigating parenting matters can be complex and emotional. Let our professional family lawyers guide your through your parenting matter with ease to work towards the best possible outcome for your children.

When starting a new relationship, protecting your assets might not be the most romantic topic, but it is one of the smartest. Planning ahead can save you time, money, conflict, and uncertainty, if your relationship ends in future. By entering into a Financial Agreement, you and your new partner are able to identify the assets and liabilities each of you will keep if the relationship ends and how joint assets and liabilities may be acquired and divided between you in the event of separation.

Protecting your assets should be seen as a practical and proactive step, not a sign of mistrust. At Rostron Carlyle, we aim to help you achieve financial certainty. Our family lawyers are expert at drafting and reviewing Financial Agreements, helping guide you through the process, and ensuring all legal requirements are met so the agreement may take effect now and into the future.

In Australia, you are legally responsible for the financial support of your children. Child support payments may be made periodically (such as weekly, fortnightly, or monthly), non-periodically (for example for private school fees or health insurance), or as a lump sum. Unless you and your ex-partner have agreed to enter into a Child Support Agreement, you are legally required to pay periodic child support payments as assessed by Services Australia (Child Support).

When calculating how much a party will pay or receive, the following factors are considered:

• The number of children and their ages;
• How much money is needed to support the parent;
• The income of each parent;
• The percentage of care each parent provides to the child; and
• Whether there are any other relevant dependent children either parent is responsible for.

Where you and your ex-partner agree to enter into a Binding Child Support Agreement, you do not need to apply for a child support assessment, and you can decide how much each of you will pay and what costs you will share equally (if any).

Child support is a very technical area of family law. Our skilled family lawyers are here to help you understand your rights and find an arrangement that works best for you.

Spouse maintenance is financial support paid by a party to their ex-partner after separation or divorce. You may apply for spousal maintenance when you cannot meet your own reasonable living expenses. Spousal maintenance can apply to both married and de facto couples and is intended to help the financially dependent party maintain a reasonable standard of living. Factors considered when determining whether a party is eligible to receive spousal maintenance include:

• The income of each party;
• The earning capacity of each party;
• Each party’s health; and
• The care of any children to the relationship.

You may choose to apply for spousal maintenance through the Court or by entering into a private agreement with your former partner, recorded in a Financial Agreement. You and your ex-partner may also agree that neither of you will make a claim for spousal maintenance following your property settlement by entering into a Financial Agreement.

Spousal maintenance can be complex. Let our experienced family law team help you make sense of your entitlement and provide you with some certainty.

At Rostron Carlyle, we understand that matters involving domestic and family violence are deeply personal, often complex, and can be emotionally distressing. Our dedicated team of family lawyers are committed to providing compassionate, confidential, and strategic legal support to individuals affected by domestic violence and respondents to applications.

Whether you are seeking to make your own Application for a Protection Order, working closely with the Police to make an application on your behalf, or responding to allegations, we are here to guide you through each step with clarity and care. With extensive experience representing aggrieved and responded parties through proceedings, we are equipped to represent you in Court, negotiate on your behalf, and ensure your voice is heard.

If you or your children are in immediate danger, contact emergency services on 000.