Family & Divorce Lawyers Penrith Area

Yes, and we often recommend alternative dispute resolution methods like mediation where appropriate. These approaches can be less emotionally and financially demanding for families. However, when court representation is necessary to protect your rights, we’re prepared to advocate for your family’s interests.

De facto couples generally have similar property rights under the Family Law Act 1975 if you’ve lived together for at least two years. However, some differences apply, particularly for couples who separated before March 1, 2009. We’ll assess your specific situation and explain your rights and options clearly.

The court’s primary focus is always the best interests of the children. Arrangements cover where children live, time spent with each parent, and decision-making responsibilities. These arrangements can be modified later if circumstances change significantly. We help create solutions that prioritise your children’s wellbeing.

In Australia, you must be separated for 12 months before applying for divorce. Once you file your application, the court typically processes it within 4-6 months. We guide you through each step to ensure all documentation is completed correctly and help make this complex process more manageable for your family.

Legal costs vary depending on your matter’s complexity and whether it requires court proceedings or can be resolved through negotiation. During your consultation, we’ll provide an honest assessment of your case and explain potential costs clearly, working with you to find cost-effective solutions.

Yes. In most Family Law and De Facto matters, evidence is presented through Affidavits – sworn written statements that are filed with the Court and provided to the other party.

Before your matter reaches a final hearing, you will usually have several Directions Hearings, where the Court checks on progress and gives procedural instructions.

In the Family Court, where there is a strong focus on resolving disputes early, you may also be required to attend Case Assessment Conferences, Conciliation Conferences, or Pre-Trial Conferences. These steps are designed to help the parties reach an agreement wherever possible before a hearing date is set.

Oliver Hagen and his team have vast experience in handling property settlements. We can advise you on the likely distribution of the assets and liabilities of the relationship. We can also obtain all relevant information pertaining to the assets and liabilities. We can also negotiate with your ex-partner or their legal representative and, if the matter does not settle, can appear for you in Court. If any agreement or Court Orders involve transfer of real estate between either party, we can prepare the necessary documents.

Generally, this will be property arising out of the De Facto/Domestic Relationship. It will include, for example, the home in which the parties lived, any investment properties, motor vehicles, savings accounts, shares and other items. De facto relationships dealt with under the New South Wales Property (Relationships) Act do not include superannuation as this is not considered property, however, superannuation is taken into account as a financial resource. However, superannuation will be treated as an asset of a relationship under the Family Law Act.

Yes. The parties can reach an agreement as to the distribution of the assets by entering into a Termination Agreement, which is recognised under the Property (Relationships) Act or a Financial Agreement recognised under the Family Law Act. For these agreements to be valid and enforceable each party must obtain independent legal advice in relation to the Agreement and the Solicitors giving that advice need to sign Certificates of Independent Advice which are either attached to the Agreement or exchanged between the parties. There is no need for a Court to turn that Agreement into Orders.