FAMILY LAW – CHILDREN
As a parent himself Martin understands the importance of our children to us.
Martin understands that our children are important to us and that parents themselves should make the decisions themselves about their children if possible. The decision to take such issues to Court is a significant one although necessary in some cases.
The Family Law Act provides the rules and guidelines by which disputes about children are determined.
It is important to get advice early where children are involved.
In cases where difficulties have arisen Martin will often recommend mediation. If that is not successful he will discuss the option of taking the matter to Court.
Martin has many years experience in dealing with such disputes. He has represented parties from overseas in cases where children have been taken from one country to another; he has represented parties in cases known as relocation cases where one party seeks to move interstate or overseas. He has acted in countless disputes of an intractable or difficult nature.
The advice which Martin provides in this area is based on years of experience. He is both understanding and direct. He will give advice which is both practical and strategic. He will answer any questions you have and advise as to the advantages and disadvantages of particular courses of action.
BINDING FINANCIAL AGREEMENTS
It is possible nowadays for people to enter into binding agreements which relate to their financial affairs arising out of a relationship whether married or defacto.
It is very important to seek advice on these matters. The law which gives financial rights to married couples now enables parties in defacto relationships to have identical rights in certain circumstances.
Such agreements are most common for people who have been divorced or separated before and who are in or are about to enter a relationship with another person. In some cases there may be children of a previous relationship about which a person has concerns in the event the new relationship breaks down.
These agreements can provide in advance for what is to occur financially should the new relationship break down. Such agreements are drafted so as to rule out the possibility of financial disputes being taken to Court in the future.
Martin has extensive experience in property settlements and the resolution of financial issues arising from your separation for disputes arising from defacto relationships and marriage relationships.
The process of sorting out financial matters can be long and involved. Martin aims to provide advice at an early opportunity as to an appropriate settlement and work towards a negotiated and satisfactory outcome. In some cases it may be necessary to commence or respond to proceedings in Court on such matters. Martin has over 40 years experience in dealing with such cases.
In some cases your financial affairs may involve factors such as family loans or inheritances or family trusts and businesses or farms. Martin has long experience in dealing with such matters and will work with your accountant and other specialist advisors as necessary.
Whether your case is large and complex or involves modest assets Martin’s advice will be focussed on informing you at the earliest opportunity as to appropriate outcomes.
Superannuation is a fact of life for us today. All persons who are employed or have been employed have some superannuation. In some cases you may have a self-managed superannuation fund.
There are many funds operating in Australia today and some have particular rules which may need to be taken into account. Martin has dealt with most of the major superannuation funds at one time or another.
The law allows for a process known as superannuation splitting to take place whereby some monies in one fund are transferred to the superannuation fund of the other party. This is a technical process which requires appropriate and specific Court Orders or a superannuation agreement to be presented to the superannuation fund.
In cases where a self-managed superannuation fund is involved Martin will deal with your accountant or financial adviser as necessary, particularly if one party is leaving that fund, as commonly occurs.
Martin has extensive experience in dealing with superannuation splitting in the context of divorce and relationship breakdown.