We are the only Accredited Family Law Specialist Firm in Moonee Ponds Victoria so you can be assured that we know family law very well.
We deliver the following services:
* Initial advice and exit strategy planning.
* Consent Orders - to formalise parenting, property and superannuation agreements in the Family Court of Australia.
* Court Applications - seeking parenting, property, spousal maintenance, litigation funding, child support, airport watch orders, location orders, recovery orders, relocation orders in the Family Court of Australia and Federal Circuit Court of Australia.
* Financial Agreements - child support, spousal maintenance, property and superannuation agreements prepared before, during and after relationships.
* Mediations - parenting and property.
* Family Violence Intervention Orders.
Speak to us and see if we can assist you.
There is not much we haven't seen or heard and as problem solvers, we love a challenge!
We can assist you if you wish to privately appoint an Independent Children's Lawyer if agreement is reached to privately fund your child's representative.
Independent Children's Lawyers are funded by Victoria Legal Aid. However, if you do not qualify for funding but want your children's opinions and voices to be heard and to have someone directly involved with your children to assist them to understand the how's and why's, then you can appoint Rebecca McGowan to act as your ICL. She connects really well with children and as a mother of young children is up to speed with what makes the child of today's mind tick!
A private ICL can make all the difference in assisting your child to understand why their parents have agreed to what is going to happen in their lives and to ensuring that your children feel heard and important. We are all about meeting the best interests of children at McGowan Family Law and a private ICL can ensure that the children's wishes are known. Don't assume you know what your child thinks, get your ICL to work that out for you.
Yes, yes, yes but you need to obtain expert advice!
Provided these are drafted correctly, meet the statutory requirements and are entered into at appropriate times, a Financial Agreement is a common sense and cost effective approach to asset protection and resolution.
We consider a Financial Agreement to represent commercial common sense particularly in subsequent relationships or where one party holds a disproportionate amount of property or liability. This is where these Agreements can be used at the start of a relationship to have direct impact in the way that a later separation is handled along with significantly less costs. We like to be able to formalise agreements and provide certainty and this is why we promote the use of Financial Agreements.
A difficult discussion now may just save you tens of thousands of dollars and years of your life later!
We are more than happy to assist with child support matters by way of a Child Support Agreement because children cost more than the administrative assessment of child support. These Agreements are used so that both parents know how school fees, medical expenses, extracurricular and other expenses that children incur will be paid until the child finishes secondary school. You need careful and deliberate advice about these Agreements because "binding" means "binding".
We often recommend Spousal Maintenance Agreements to ensure that all financial matters are finalised once a property settlement is achieved. Just because you have finalised your property matters does not mean that you are free from a subsequent Court Application seeking ongoing support.
Before a Parenting Order is made for a child, the Family Law Act requires that regard be had to the best interests of the child as the most important or paramount consideration.
The Family Law Act focuses on the rights of children and the responsibilities that each parent has towards their children. Children have rights, rather than parents who have responsibilities. The Family Law Act aims to ensure that children can enjoy a meaningful relationship with each of their parents provided they are protected from harm, neglect and abuse.
The Family Law Act makes clear that:
There is no "magic" age where a child can decide which parent to live with. The weight applied to a child's wishes depends upon each child's maturity and a number of other factors.
Parties to financial matters are required to follow a 4 step approach to the resolution of property:
Step 1: identify and value the property in the asset pool requiring parties to disclose financial documents and value any disputed property or business interests.
Step 2: consider the financial, non financial and parenting contributions that each party has made towards the asset pool in terms of a percentage of the final pool.
Step 3: consider each parties future needs, their capacity to support themselves and any other person they are required to support.
Step 4: use discretion to achieve a "just and equitable" settlement.
We like to think we are very helpful people. We service everyone; married, defacto, single, same sex, living in Melbourne, interstate or overseas. We are flexible and very tech savvy so no matter where you are, we can assist you.
We are really useful people to know. We can be of assistance to you:
* At the start of your relationship to consider if a Financial Agreement is right for you.
* During your relationship to consider if a Financial Agreement or exit strategy could benefit you.
* Prior to separation occurring to empower you to know how to proceed and what the likely outcome will be.
* Following separation to assist you reach an interim parenting and financial arrangement.
* Following separation to assist you to finalise parenting, property and superannuation matters.
* Following separation if your parenting arrangements aren't working well.
* if you are considering reverting to Court or filing a Contravention Application to consider if there is a better way to resolve the issue.
* When you are ready to start a new relationship.
All new clients have the option of arriving a bit earlier to listen to a pre recorded information / meditation / "I" affirmation.
It can be difficult to see a family law solicitor and this tool is aimed at relaxing you whilst giving you some information about what you can expect from us.
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Liability Limited by a scheme approved by professional standards legislation.
Our experience and empathetic but firm approach sets us apart from others. During separation, pay close attention to your inner self talk and practice self compassion, gratitude and kindness to yourself.
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