Galluzzo LawyersFAMILY LAW

Galluzzo Lawyers have years of experience providing legal advice, representation and all the information that you would need to make a well-informed decision about any family law matter, at a reasonable cost. We understand that family law issues often arise in difficult circumstances. Galluzzo Lawyers have years of expertise and experience in both the Family and Federal Courts and are committed to providing an understanding and empathetic role in guiding you through the legal processes without undue stress or delay.

Divorce

If you are seeking advice about getting a divorce, we can help. Getting a divorce is a simple procedure. So long as you and your spouse have lived separately for at least one year, and there is no reasonable likelihood of getting back together, the divorce should be granted.

If you have not been separated for at least a year, other legal matters arising from the breakdown of the relationship can be attended to in the meantime. You do not have to wait until you are divorced.

Immediately upon separation you can take action about all other matters including:

  • Property settlement
  • Spousal maintenance
  • Arrangements for children and child support.
  • Updating your Will, as a divorce will automatically invalidate any previous Wills made.

Children and Parenting Orders

When a relationship breaks down, often the arrangements regarding the care and welfare of the children are the top priority for both parties. We understand that this can be a difficult and emotional process, but we are committed to ensuring that the arrangements between parties are not only agreeable to the parties but are shaped to support and encourage the children as best as possible to adapt to their changed family life, in a manner that protects their wellbeing and maintains a healthy relationship with both their parents.

The Family Law Act states that the law applies a presumption that it is in the best interests of the child/ children for parents to have equal shared parental responsibility. This does not necessarily equate to equal time though.  Absent family violence or other requested arrangements, this is often the most suitable result.

Coming to an arrangement can be done informally and verbally between the parties, however the risks associated with informal parenting plans is that whilst the parties may be amicable at the start of separation, circumstances may change which can lead to disputes. With no binding legal document outlining an agreement, there is significant potential for the once working relationship to deteriorate.

Galluzzo Lawyers can represent you in creating a legally binding Parenting Order filed with the Family Court of Australia. Galluzzo Lawyers have years of experience litigating such matters.

Court Orders, once made, are legally binding until the children are 18 years old. These orders create peace of mind for both parties, ensuring legal consequences should either party violate the agreement. These orders cannot be changed unless both parties agree.

Galluzzo Lawyers can also advise and assist in drafting and advising in respect of Child Support Agreements.

Property Settlement

Upon separation, one of the most contentious issues can be how to equitably divide the property and finances of the relationship, in particular the former matrimonial home.

Galluzzo Lawyers can assist you in negotiating a settlement of property matters. This can be done in two main ways:

    1. Formalising a signed Binding Financial Agreement or Property Orders by Consent, in which both parties lay out who is to obtain what property post separation. It is often a more amicable and less costly way in which parties can create a legally binding agreement.
    2. If an agreement cannot be reached, division of property will have to be litigated through the courts. This process must commence within 12 months from the date of Divorce.

In deciding who is to obtain what property, a judge will look to:

      • The value of each party’s assets
      • Decide if it is just and equitable to make an order.
      • Assess the contributions made by each party. This includes both financial and non-financial (homemaking and child-caring) contributions to the relationship

Should one party be unable to adequately support themselves, spousal maintenance orders can also be made

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Galluzzo Law Practice Pty. Ltd.
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Galluzzo Law Practice Pty. Ltd. trading as Galluzzo Lawyers is a Solicitor Corporation under the Legal Profession Act 2004.

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