We offer advice and assistance on a wide range of family law issues
Family Law Services
Prenuptial and Binding Financial Agreements
One way to minimise the risk of disagreement relating to financial matters is by having a Binding Financial Agreement. A Financial Agreement can set out what will happen to your property, liabilities, superannuation and financial resources if you separate.
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Property and Financial Settlements
When you separate, one of the most important questions is how your property, superannuation and financial resources will be divided after the breakdown of your marriage or de facto relationship.
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Injunctions and Restraining Orders
It may be necessary to act very quickly in order to protect your property interest before you can reach an agreement with your former partner. Sometimes it is also necessary to obtain an injunction to protect yourself and/or your children or to ensure that existing arrangements are maintained until you resolve parenting matters with your former partner.
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Child Custody and Parenting Arrangements
Whether you have been married, or live together in a de facto relationship (including a same sex relationship), if there are disputes about parenting arrangements for your children these are covered by the Family Law Act.
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Parenting Orders & Parental Responsibility
If your former partner breaches a parenting order, you can file a contravention application in the court. The Family Court has a process for establishing and enforcing parenting orders and parental responsibility.
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Relocation of Children
An issue often arising upon divorce or separation is the question of one parent wanting to move with the children to another city, state or country. When the question of relocation is raised, you should obtain legal advice from a specialised family law practitioner.
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Child Support
The child support scheme can be a difficult system to navigate. We are able to advise you as to your rights under the scheme, whether an application for an assessment should be made, and whether there are any specific issues which may arise for you as a result of your particular circumstances. We are also able to provide advice and assistance if an application for a review of the assessment is made.
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Spousal Maintenance for Married Couples
If you are unable to financially support yourself adequately after separation, you may be entitled to receive spousal maintenance from your former spouse or partner. Spousal maintenance is available to both married and de facto couples; the law does not differentiate between the two. Pearson Emerson Family Lawyers are highly experienced in acting for parties who either seek to be paid spousal maintenance, or seek to defend a claim for spousal maintenance.
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Family Law Arbitration
Arbitration is an increasingly popular method of alternative dispute resolution in family law financial matters. An arbitration involves a private "hearing" where an appointed decision maker, the "arbitrator", does the job a Judge would do at a court hearing. Specialist legal representation is necessary to properly conduct an arbitration and successfully present your case to the arbitrator.
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Same Sex Couple Family law
Same-sex couples are now able to be divorced in an Australian court, regardless of where in the world a couple were married. The Family Law Act deals with same-sex couples in terms of financial matters, regardless of whether they are married or in a de facto relationship,in the same way as heterosexual couples. At Pearson Emerson, much of our work is helping families reach an agreement about their financial and parenting arrangements going forward.
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Surrogacy Law
Advances in artificial and assisted reproductive technology have enabled more and more Australians to access alternative methods, such as surrogacy, to start or expand their family. It is always advisable to seek legal advice about your particular situation before entering into a surrogacy arrangement. We specialise in the provision of legal advice in relation to all forms of surrogacy arrangements, as well as the legal advice required pursuant to the Surrogacy Act 2010 (NSW).
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Hague Convention
and International Child Abduction
The Hague Convention on the Civil Aspects of International Child Abduction is a multilateral treaty in force between Australia and a number of other countries. It provides a lawful procedure for seeking the return of abducted children to their home country. This is a complex area of family law that can require you to act or respond very quickly. Please contact PE Family Law to assist you, whether you are the Respondent to an Application, or the left behind parent.
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Family Dispute Resolution
Family Dispute Resolution (also known as “FDR”) is a mechanism through which separating families can try to reach an agreement with the help of a qualified Family Dispute Resolution Practitioner. We can recommend a number of FDR practitioners who will be suitable for your particular circumstances, as well as provide you with legal advice prior to you attending FDR.
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Collaborative Law and Dispute Resolution
The collaborative process is a way of resolving family law issues in a respectful and open way without resorting to court action. It is a process which focusses on the particular needs and circumstances of you and your partner.Our highly experienced family lawyers are committed to facilitating open and respectful discourse between you and your former partner.
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International Family Law
We have extensive experience acting in family law proceedings for international clients and expatriate Australians who live and work abroad.
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Family Law Lighthouse Project
The Lighthouse Project is designed to assist the Court better respond to cases which may involve family violence, by shaping the allocation of resources and urgency given to such cases.