Starting a new relationship at any point in your life is exciting and emotionally charged. But you may also find yourself somewhat nervous about protecting the assets you bring to the relationship. The family law solicitors at Kelly Legal can assist with preparing financial agreements, such as pre-nuptial agreements, to ensure both you and your partner understand what happens to your assets and finances should your relationship end. Married and de facto couples can make financial agreements before, during or after their relationship ends. Financial agreements can be particularly important for second marriages as it is likely one or both parties bring significant assets into the relationship that may need to be protected in the event of separation or divorce. You may also consider a more thorough financial plan, such as an estate plan, that includes the creation of a will and plans for your superannuation should they be needed. Safeguarding yourself and your partner is vitally important, so contact the Kelly Legal Family Law team today on 4911 0500 about getting the legal advice you need to protect everyone’s interests.  Pre-nuptial Agreements Pre-nuptial agreements are financial agreements typically created by a couple before they are legally married, seeking to set out how assets should be dealt with in the event they my subsequently separate. De facto couples can also make financial agreements and they play a vital role in the division of assets and property if a relationship ends. A pre-nuptial agreement is particularly important if one party has significant assets they bring to the relationship and want to protect. This can commonly be the case with second marriages, especially where children from previous relationships are involved, so it is important to establish thorough and appropriate financial agreements. It is important to know that your Will may be revoked or cancelled if you marry again so legal advice is vital. The experienced team of family law specialists at Kelly Legal will carefully guide you through the development of your pre-nuptials considering things like: Independent Legal Advice. Both partners need to be represented by their own legal counsel who must certify that independent legal advice has been provided before the agreement is signed by the party to the agreement. Complies with the Family Law Act. Your pre-nuptial agreement may be dismissed if not drawn in accordance with the legislation so make sure it is legally binding by getting proper legal advice. All couples should consider a pre-nuptial or financial agreement so contact Richard Callaghan and his team on 4911 0500 today. Estate Planning Estate planning is the careful and thorough preparation for the distribution of your property, assets and wealth to your loved ones when the time comes. Contact us to discuss an estate plan that sees the straightforward transition of your property, property that you have worked so hard to accumulate. Our Estate Planning Services include: Creating or updating a Will Asset Protection Superannuation Enduring Powers of Attorney and health directives Testamentary trusts Joint ownership of property Whatever stage of life you are in an Estate Plan is essential. Contact us to ensure your property and loved ones are protected and safeguarded when it matters most. Call 4911 0500 today.

The end of a relationship is a highly emotional, stressful and confusing time is anyone’s life. That’s why it’s vital to have an expert Family Law team, with genuine interest and care for you, in your corner. When a couple decides to separate , or their relationship breaks down, there are many decisions that need to be made. While these decisions may seem ‘practical’ – where everyone will live, how things are to be paid for, who has the children and when – they can also be extremely emotional and challenging. Years of experience in Family Law means the team of solicitors at Kelly Legal have seen first-hand the importance of mediation and legal advice as early as possible. Contact Richard Callaghan and his team of experienced family law solicitors on 4911 0500. With a genuine interest in you and your situation, they will guide you towards the best outcome for you and your loved ones. Mediation when ending a relationship Mediation is commonly used in the resolution of parenting matters; property matters and spousal maintenance matters. Mediation is available on a private basis when both parties engage their own legal representative and participate in a process of communication and negotiation towards a mutually agreed and beneficial resolution. In the mediation of parenting matters a qualified Family Dispute Resolution Practitioner (FDRP) is recommended. Read more about mediation in parenting matters here . A skilled family lawyer may be able to recommend a mediator, or you can find mediators in private practice or through services such as Relationships Australia or Family Relationships Online . Some of the benefits of using a mediator include: Calming and neutralising of emotions, leading to better outcomes for all, especially children Helping to clearly define the issues at hand and decisions that need to be made Preparing legally binding Consent Orders that can be filed with the Court Maintaining legal costs by avoiding protracted litigation associated with a trial It is important to understand that mediation is not an opportunity for reconciliation or a substitute for relationship counselling. Mediation provides the framework for parties to work through issues like: How property, assets, liabilities and superannuation interests will be handled Creating a pathway for parenting arrangements including child support Determining and negotiating financial obligations, especially for children Call today on 4911 0500 to book an appointment and take the first steps in the right direction. Separation Separation and divorce are terms that are often confused and used interchangeably. It is important to understand the difference, and the legal implications, of each. Separation, in its simplest terms, is when you stop living together as a couple. This doesn’t mean someone must physically move out of the home, rather you both have the understanding that your relationship has ended, and you have separated as a couple. You do not need to make any official notification of your separation however, there are a few things to consider: Make immediate decisions regarding the care of children and dependants Determine ongoing living arrangements for yourself, your partner and children Let your close family and friends know to ensure they can support you Inform important organisations like Centrelink , Department of Human Services (Medicare, Child Support etc), your bank, financial institutions, superannuation and insurance providers may also need to know the change in circumstances Ensure you understand your financial and property affairs as you will need to divide your assets between you fairly and equitably Consider estate planning , especially changing your Will if your partner is the primary beneficiary The timing and pace of separation is different for everyone, but it is important to remember that you are still legally married, even though you have separated. When the time is right, and a minimum of 12 months has passed since separation, you are legally able to file for divorce . If you have been married for under two years, different circumstances may apply. There are many decisions to be made following separation and the Family Law team at Kelly Legal are experienced in guiding and supporting you towards the best outcome. Separation is a major decision and an emotional time, so call the Family Law team at Kelly Legal on 4911 0500, we’ll guide and support you when you need it most. Divorce Divorce is a legal process in which you are notifying the Court that you have ended your marriage. Once you have been separated for a minimum of 12 months you can apply to the Federal Circuit Court for a divorce by yourself, as a sole applicant or together as a joint application. If you have children with your partner, you will need to satisfy the Court that there are appropriate parenting arrangements in place. A divorce does not finalise issues such as property settlement , child support or spousal maintenance at the time of getting a divorce. There are timeframes in place for when these matters need to be settled so good legal advice is important and timely to ensure the best outcome for you. Applying for divorce brings forth a range of emotions that differ for everyone. Call the Family Law team at Kelly Legal on 4911 0500 today to discuss how to best get this process started for you. Spousal Maintenance Spousal maintenance is available under the Family Law Act as a potential assistance payment for married or de facto couples who have separated . Periodical or lump sum payments are made by one spouse to another to financially support that party following separation . Spousal payments are a separate assistance to child support however, child support payments take priority over spousal maintenance. An application for Spousal Maintenance can be made following separation and the experienced Family Law team at Kelly Legal will start this process for you quickly if required. Spousal maintenance exists to ensure a party is financially supported following separation . Financial assistance payments are made where there is an imbalance in income or earning potential, especially if one party has taken time out of the workforce to care for children. Spousal maintenance payments may cease if there is a change in circumstances relating to: · Improvement in financial situation or earning potential · A new marriage or de facto relationship · Changes in caring for children Whether you are seeking spousal maintenance, or it has been requested of you, Kelly Legal’s family lawyers will provide you with straightforward and thorough legal advice. Call today 4911 0500. De Facto couples A de facto relationship in Australia is a legal relationship and is defined by several conditions: You are not legally married You are not related by family You have a relationship as a couple living on a genuine domestic basis Usually, you will need to have lived together for more than two years prior to bringing an application to Court in relation to property of the de facto relationship 5.4AA of the Family Law Acto 1975, assists in identifying what may be a de facto relationship As a de facto couple your rights are similar to those of a married couple and therefore the process of separation is similar. Property settlement , child support and spousal maintenance must all be considered and settled. When a de facto couple separates there is a two-year period in which proceedings in relation to property must be brought and in this case the date of separation is important. Richard Callaghan and his Family Law team are experienced in handling de facto separation with genuine interest, care and respect for everyone. Call 4911 0500 today to schedule an appointment. 

The decisions you make during separation or divorce are often some of the greatest emotional and financial decisions of your life. At Kelly Legal we understand how difficult separation is and this is where our experience and expert legal advice ensures you make the best, informed decisions about your entitlements when dividing your assets and property. Independent legal advice will help you to understand your rights and can also help you and your former partner reach an agreement without court proceedings. Informal agreements are not legally binding and will not be enforceable in court. There are two options for legally finalising property settlements following a negotiated agreement: A financial agreement prepared in accordance with legislative requirements, or An order made by filing in court an Application for ‘Consent Orders’ with an experienced family lawyer will ensure you understand these options. Richard Callaghan has over 30 years’ experience in family law and is a well-known property settlement specialist. Contact Richard and his team of family law solicitors on 4911 0500 today to secure your financial future. Mediation in property settlement Mediation is commonly used in the resolution of parenting matters ; property matters and spousal maintenance matters. Mediation in property settlement may assist both parties to agree on arrangements for property without having to go to court. Mediation is when both parties engage their own legal representative and participate in a process of communication and negotiation towards a mutually agreed and beneficial resolution. Mediators practice privately or can be found in various mediation services such as Relationships Australia , the Family Relationships Online website or Centacare . You can also phone Family Relationship Advice line on 1800 050 321 . Mediation provides the framework for parties to work through issues like: How property, assets, liabilities and superannuation interests will be handled Determining and negotiating financial obligations, especially for children Call today on 4911 0500 to book an appointment and take steps in the right direction. Property Settlements Property settlement is the process of dividing assets and liabilities of the relationship in a ‘just and equitable’ manner if seeking Court Orders. Just as every family is different so too is every property split. Your property settlement will be influenced by several factors, including: The net asset pool (assets and liabilities) Contributions of each party (financial and non-financial) Future needs of each party (parenting arrangements and income) Is the split ‘just and equitable’? Some property settlements might be relatively straightforward whilst others can be particularly complex. A Kelly Legal family law solicitor will advise you on the options available to you and your former partner including mediation , financial agreements , consent orders or commencement of court proceedings, where an agreement is unable to be reached. Our family law team will take a compassionate yet practical approach to your property and financial matters guiding you to the very best outcome for your financial future. Call 4011 0500 today to arrange an appointment. Financial Agreements Where you and your former partner can reach an agreement on your financial matters a financial agreement can be made. A financial agreement records the terms of your property settlement without the need for court proceedings as it is a private arrangement that does not require court approval. Because a financial agreement does not need court approval, in some cases the agreed settlement may be more advantageous to one party. To ensure you receive what you are entitled to in a settlement it is vital to have legal representation and support. When negotiating and entering into a financial agreement both parties must receive independent legal advice prior to signing the financial agreement. Each lawyer will then sign a certificate confirming they have provided advice to their client. The emotional burden of a separation can make it difficult to clearly focus on your financial future and this is where the family law team at Kelly Legal can help. Contact us today to discuss your options, call 4911 0500. Consent Orders If you and your former partner agree on the terms of your financial settlement you may choose to present a consent order to court in place of a private financial agreement. The main difference between a financial agreement and a consent order is that a consent order is filed with the court and the court will determine whether the order presented by separating parties is ‘just and equitable’. A consent order that is presented to the court outlining a property settlement may also detail parenting arrangements . Contact Richard Callaghan and his team today to get started on securing your financial future. Call 4911 0500.

Understanding what will happen to children following separation can be a worrying time for parents. Getting support and guidance from a team of legal experts will help you understand what the coming months or years may look like. The experienced and caring team at Kelly Legal with work with you to understand your situation and ensure the best interests of your family are considered. Contact the team today on 4911 0500 to schedule a time with our Mackay-based team of family law solicitors. Parental rights and responsibility There are no set rules for how separated families determine parenting arrangements, however under Australian Family Law children have a right to “enjoy a meaningful relationship with both parents and be protected from harm”. Separated families are not required to go to court to formalise ongoing parenting arrangements and with the help of the Kelly Legal Family Law Team, you can create a signed and agreed ‘Parenting Plan’ . It is important to note that Parenting Plans are not legally enforceable but may be considered by a court if necessary, in the future. If both of the separated parties agree to terms of the parenting arrangements then that agreement may be formalised by making an application to the Family Court to have it made as an Order of the Court, by the consent of the parties, as a ‘Consent Order’. A Consent Order is a legally binding and enforceable document. Some other key points to note when considering parent arrangements include: While a child is under 18 years of age, both parents continue shared parental responsibility ‘Equal Shared Parental Responsibility’ means both parents share parental responsibilities for major long-term issues ie, schools, health, religion etc Equal shared parental responsibility is not the same as equal time There is no requirement for children to spend equal or 50:50 time with each parent Consider the needs of each child to determine an arrangement that best suits the individual and their ongoing relationship with each parent A court will give greater consideration to the need to protect children from Richard Callaghan and his Mackay-based team of family law solicitors are experienced in handling all manner of parenting arrangements and situations. Contact them today on 4911 0500 today to discuss how they can support you and your children in achieving the best outcome for all. Mediation in parenting matters Mediation in a children’s matter is required to be attempted prior to proceeding to Court. In the mediation of parenting matters a qualified Family Dispute Resolution Practitioner (FDRP) should be considered if you have not been able to agree on parenting arrangements and must be attempted in you need to proceed to court. A FDRP is qualified to issue Section 60I certificates to certify to the court that an attempt at mediation has been made. A Section 60I certificate is required to commence court proceedings related to children’s issues. Mediators practice privately or can be found in various mediation services such as Relationships Australia , the Family Relationships Online website or Centacare . You can also phone the Family Relationship Advice line on 1800 050 321. If either party refuses to attend mediation a certificate will also be issued to confirm that mediation could not proceed. A certificate is necessary prior to commencing proceedings in court unless the matter is urgent in which case the court will require an affidavit setting out why a certificate is not provided. Call Kelly Legal today on 4911 0500 to make an appointment. Parenting plans Children of separated parents need love and support during what is undoubtedly a very difficult time. It is also important to quickly agree on some certainty about the future for the whole family. Separating parents are encouraged to formalise parenting arrangements themselves, in the form of a parenting plan, avoiding the need to go to court. A parenting plan is a written agreement, signed and dated by both parents and outlines key parenting arrangements. A parenting plan is not legally enforceable, but it is vital to seek independent legal advice before signing a parenting plan. For a parenting plan to be recognised it must be made free from threat, duress or coercion. Your parenting plan should take into account the individual needs of each child and may take into account the following: Parental responsibility and decision-making for major issues (e.g. school, health, religious observations) Who the child will live with and how much time is spent with each parent and other individuals (e.g. grandparents) How the child will communicate with each parent Arrangement for special dates, times or events (e.g. Christmas, Easter, school holidays, birthdays, Mother’s Day, Father’s Day) Day-to-day requirements for the child (including sport, extra-curricular activities, health-related requirements) You may also find it helpful to include processes to resolve conflicts or disputes that may arise or if variations are required to your parenting plan. The family law team at Kelly Legal will guide and support you in creating a parenting plan with yours and your children’s best interests at heart. Contact them today on 4911 0500 today to discuss how to get started. Consent orders A consent order is a written agreement that has been approved by the court and is legally binding. Consent orders may be used in property settlement , spousal maintenance and/or children’s matters . Where separating couples can finalise an agreement for a consent order, they will benefit from having a legally binding document without the expense and time involved with court proceedings. Parties may choose to put a court-approved consent order in place, rather than an agreed parenting plan , if there is a preference to be bound by a legal document and to provide some finality and certainty for the future. At Kelly Legal, the team of family law experts will assist you at every step and provide the legal advice and support you need when considering options for consent orders. Call 4911 0500 today to make an appointment and start of the path to a clearer future. Child Support Parents in Australia have an obligation to provide emotional, physical and financial support to their children and when a relationship ends this does not change. The amount of financial child support, “who-pays-who” and when can be complicated so let the experienced family law team at Kelly Legal guide you through your options. You may choose to enter into a private arrangement or utilise The Department of Human Services who are responsible for implementing child support payments in Australia. In either case, independent legal advice is vital to ensure your best interests have been considered. The formula applied by the Child Support Agency for calculating child support payments takes into account a range of factors including: Incomes of both parents The amount of time a child will spend with each parent Number and ages of children The costs of raising children based on their age Richard Callaghan and his team of family law solicitors can help you understand and negotiate a child support agreement with your former partner. Contact Kelly Legal today on 4911 0500 for an appointment. Relocation or recovery of children Family separation is difficult and for some leads to the decision to abduct or relocate with a child. Prompt, accurate and independent legal advice is vitally important if you are wishing to relocate or conversely if your former spouse or partner is wishing to relocate or has relocated with the child or children without your consent. Whether the relocation is permanent or temporary you should seek immediate legal advice. Where overseas travel is required for children, both parents must sign the passport application or give consent if the child already has a passport. Seek legal advice if you are concerned your child will travel overseas without your consent.  Kelly Legal will act with genuine care, compassion and professionalism to support you and your loved ones at an extremely challenging time. Call 4911 0500 now if you have concerns regarding the relocation or recovery of your children.

If you or your family have been subjected to domestic or family violence, you don’t have to face legal proceedings on your own. Our compassionate and caring team will provide guidance and support with your safety and protection as their utmost priority. Domestic and family violence behaviour is recognised as any of the following: Physical or sexual abuse Emotional or psychological abuse Financial abuse Threatening or coercive behaviour Controlling or dominating behaviour, causing fear for a person’s safety or the safety of someone else At Kelly Legal, our family law team can assist you with: Filing or responding to a Domestic Violence Order (DVO) Negotiations between parties mentioned in a DVO Legal representation in court Urgent application for DVOs and Protection Orders If you or someone you love has been impacted by domestic and family violence and you need legal assistance, contact the expert family law team at Kelly Legal today on 4911 0500.