Barwick Boitano family lawyers Sydney

When your relationship breaks down, you need a sympathetic and experienced lawyer. We can deal with all aspects of relationship breakdown, including divorce, property settlement, maintenance and child custody.

Divorce doesn't necessarily mean you will have to go to court. In Australia, all you have to do is file an application with the court. Of course, this has to be in the right form, with appropriate affidavits and documentation, but we will make sure that this is all done properly. To file for divorce, you don't need to have any reason other than irreconcilable breakdown of the relationship. All you need to show for this is that you have been living apart from your spouse.

Property and child matters also don't have to end up in court, with a judge deciding the outcome. You can determine the arrangements, if you and your partner can reach an agreement. With regard to children, you are legally entitled to settle maintenance, contact and residence issues yourselves. But you'll need to have your arrangement approved by the Court, by handing in a parenting plan. We can draw up this important document for you, making sure that all the important aspects are covered.

Property matters can also be settled by a financial agreement. We will ensure the agreement is correctly formalised, and that it includes all your assets, including superannuation, and provides for spousal maintenance. By law, independent legal advice is required for both parties before the agreement is officially recognised as binding by the Court. You can reach this agreement by negotiation, mediation, or arbitration – we can explain the difference and advise you which would be most appropriate. If you decide to make your agreement this way, we can oversee the process and make sure you reach an acceptable outcome amicably and speedily.

Of course, if you can't reach an agreement and you need to litigate, we can take care of your case. We have many years' experience conducting matters in the Family Court here in Parramatta and the Federal Magistrates Court.

Courts can give orders concerning parenting, the division of property, or domestic violence. They take a whole range of considerations into account when making such orders. For children's matters, the primary objective is the best interest of the child, but the court will also look at other factors, such as the child's relationship with each parent, parental attitudes, and capacity to provide. With child or spousal maintenance orders, the court will mainly consider the income and earning capacity of each partner, as well as the costs of caring for the children, if there are any. When dividing up property, courts examine the future needs and past contributions of the parties. As you can see, there are many factors and the court's focus will vary depending on the orders sought. So it's important to have careful and committed lawyers who can present your case to best suit your circumstances.

De facto relationships don't have quite the same protections as married couples, but there are some safeguards. In NSW, there is legislation that allows ex de facto spouses to make a claim for maintenance, as long as the relationship was of at least two years' duration. As with divorce cases, the court will consider all the aspects of your relationship when making maintenance orders. But unlike divorce, you will first need to prove that your relationship was a proper de facto one. We can advise you about making a claim, and we can also help you to settle property and children's issues.

We don't just deal with divorce and separation issues. We're also experienced in matters involving the Family Provisions Act . This legislation is worth considering if you think that you have been unfairly treated by a will. If you depended on the deceased person in their lifetime, and they had an obligation to provide for you, you may have a claim. We can apply to the Supreme Court for an order, which will make provision from the deceased person's estate to cover your maintenance.

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