Westminster Lawyers is a specialist Family Law firm practising in Melbourne.
At Westminster Lawyers we have an experienced team including lawyers accredited by the Law Institute of Victoria as Specialists in Family Law.
Westminster Lawyers can assist you in all areas of family law including prenuptial and cohabitation agreements; parenting and property matters arising after the breakdown of a marriage or a relationship; and Wills and estate planning.
Westminster Lawyers act for a wide variety of people intending to marry or commence cohabitation with another person.
Australian Law currently permits couples who intend to marry or intend to live with another person to enter into binding agreements which will regulate the distribution of their assets if they separate. If those agreements are drafted correctly, they will prevent the court having the power to divide the assets of the marriage or the relationship in terms other than those that are set out in the agreement.
Westminster Lawyers assist clients in such circumstances by preparing agreements which are designed to protect their interests and assets.
Let Westminster Lawyers answer all your family law questions:
I am thinking of separating from my spouse/partner. Should I see a lawyer?
Yes, you should. The law that governs separations is complex. What you do and do not do around the time of separation can have a significant effect on your rights regarding your children, matrimonial property, child support and spousal maintenance.
What are my rights as a parent?
All orders regarding children are subject to what is in the children's best interests. The Courts focus on the children's rights, rather than your rights. As a general rule, you are entitled to:
• Be involved in making decisions regarding the care and development of your child. For example you can have input into the child's education, choice of school, religion and extra curricular activities.
• Have your child in your care regularly and frequently.
• Communicate with your child frequently.
• Attend important functions such as school plays, parent-teacher interviews and sports days.
What are my entitlements to a property settlement?
The court divides matrimonial assets having regard to a large number of factors, including the financial contributions made by each party, the contributions made to rearing children made by each party, the domestic work completed by each party and the future financial needs of each party. It is relatively rare for matrimonial assets to be split 50% to each spouse. You should obtain expert advice regarding your entitlements to a share of the matrimonial assets.
Do I have to go to Court?
No you don't. In fact most cases are settled through negotiation and are not litigated. At Westminster Lawyers, we believe that litigation should generally be used as a measure of last resort. We generally use mediations or round table conferences to negotiate a settlement as quickly as possible.