Family Law
Legal matters that affect families, children or loved ones can often be emotionally and financially complex. The Reign Legal approach is always to support our clients to achieve a positive resolution – whatever that may look like for each individual.
Our family lawyers in Bendigo understand that the best outcome in any situation is the one that is right for you and your family. Our goal is to make sure you are informed, feel empowered to make decisions, and are actively working to resolve your family law issue as quickly as possible.
Our family lawyers are experienced in:
- Children’s Matters
- Child Support
- Property Division
- Spousal Maintenance
- Binding Financial Agreements
- Assisted Reproductive Treatment Act, including International Surrogacy Agreements.
The Australian Family Law Act will undergo significant legislative changes from 6 May, 2024.
Dividing assets and debts after a relationship breaks down can be stressful and overwhelming. Our Family Law team will support you to navigate this challenging space, and to support negotiations that deliver a positive resolution.
Understanding the legal process and your rights can support the achievement of fair and reasonable outcomes, and fortunately in many cases, a property settlement can be finalised without having to go to court.
Our team will consider a number of factors when supporting your legal interests:
- All assets and liabilities, whether held jointly or individually are considered – the family home, investment properties, cash, shares, motor vehicles, superannuation and other investments, as well as mortgages, loans, credit cards and other debts.
- The financial and non-financial contributions made to the relationship by each party are relevant – non-financial contributions include domestic contributions such as childcare, household duties and emotional support.
- The future needs of each party are also taken into consideration.
Our unique thinking that is focused on resolving your matter as quickly as possible – instead of drawing out unnecessary time and money – is a tailored approach that both protects you and moves forward with clarity.
In family law disputes, prioritising the welfare of children involved is non-negotiable.
This may include your children’s future living arrangements, parenting plans, or child support, we advocate for the best interests of your children with sensitivity and care.
Our focus is to minimise the impact of legal proceedings while working towards optimal outcomes for the children.
Currently, under the Australian Family Law Act both parents have equal and shared responsibility for their children, and each parent is equally responsible for their children’s well-being and for making major decisions regarding their children such as those concerning health and education.
However, as of 6 May 2024, under the Federal Government Family Law Act reform, there will no longer be a legislative presumption that equal, shared parental responsibility in relation to the long-term decision-making for the children is in the best interest of the child.
Courts may instead be open to varied, or tailored parental responsibility arrangements, such as one parent having the sole parental responsibility for one specific area, and shared parental responsibility for other areas remaining.
What wont change, is that parents are still encouraged to respectfully consult with each other about major long-term decisions in relation to their children, and to ensure that the child’s best interests is at the heart of all decision making.
Learn more about the Family Law Act changes, prepared by the Reign Legal Family Law team.
Transparency is fundamental to creating improved relationships, and allows you to maintain control over your own decision making.
A Binding Financial Agreement (BFA) implemented before or during a de-facto relationship or marriage predetermines how a couple’s respective assets will be divided if they later separate. It can reduce financial and emotional stressors that surround the separation process.
A BFA can clarify financial arrangements and safeguard assets existing prior to the relationship (this may be particularly important if you have children from a previous relationship). It may outline what is to happen with an inheritance, and even protect a business from closure if a relationship breaks down. A BFA may also be used to document an agreed property settlement after de-facto partners or spouses separate.
Whilst often viewed as unromantic, a BFA is a sensible and responsible approach to uncertainty. We encourage our clients to view a BFA as being proactive rather than reactive to potential future issues, as you are more likely to reduce legal fees and nasty, prolonged divorce proceedings should the relationship break down.
Not all BFAs are created equal
Ensuring that a BFA will truely protect you is extremely complex and specialised, as BFA case law continues to develop and change. It is essential that advice provided now for an agreement that may not be implemented for many years, will still apply in the future. Operating like a private contract between the parties, and removing the jurisdiction of the court in determining a property settlements, the arrangements must be carefully considered and the agreement must meet strict requirements to be valid.
BFAs are also highly litigated. One party (and sometimes both) may feel disadvantaged, become unhappy with or disagree as to how the agreement came about, with what has been agreed upon, or believes the agreement is unfair. Ensuring that your BFA will stand up to scrutiny and challenges made requires a specialised Family and Contract Law professional to prepare it. This expert knowledge and experience means that most legal firms either refuse to take on the risk of preparing a BFA, or do not have the expertise on team.
Reign Legal is highly experienced in preparing BFAs, including pre-commitment, during, or post-relationships stages for heterosexual and same-sex couples, both married and de-facto.
If you would like assistance to ensure your financial relationship remains transparent, secure and valid, we can support you with drafting, reviewing, and negotiating these agreements, protecting your financial interests and fostering amicable resolutions.