EBA Lawyers provides specialist family law services to Canberra, Queanbeyan, Yass and surrounding regions.

The vast majority of parties involved in a family law matter wish to settle and in fact do settle their disputes without the need to litigate the matter[1] . We consider that the role of the solicitor in these matters is to properly inform our client about his/her rights, obligations and prospects and then to attempt to resolve the matter quickly, fairly and inexpensively through mediation and negotiation without compromising forceful representation in those matters which do proceed to litigation.

The Family Law Team comprises specialist solicitors, headed by Partner, Carlos Turini, an accredited Family Law specialist.  Associate Claire Grogan is also an Accredited Specialist in Family Law and an associate of the firm. Solicitor Numira Kuruppu is an experienced professional who will treat you with sensitivity and compassion.

Our solicitors are experienced in all facets of family law including

• Separation and Divorce
• Mediation
• Collaborative law
• Court representation in family law matters
• Property disputes and settlements
• Children disputes: Parenting arrangements
• Relocation of Children
• Financial Agreements: pre nuptial and post nuptial binding agreements
• succession/estate planning and family law
• Spousal Maintenance
• Alternative Dispute Resolution
• De Facto Relationships: Property and Financial Settlements
• Domestic Violence Matters
• Adoptions
• special medical procedure applications for children
• Surrogate agreements
• International Family Law matters
• Child Support matters and Child support agreements
• Same-Sex Relationships
  

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For any enquiries send an email to the Family Law team or Contact us in Canberra on (02) 6206 1300 or Queanbeyan (02) 6218 1200

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Separation and divorce

Separation is normally a very unsettling stage in anyone’s life when people must cope with changes and grief at the same time that they may have to make decisions about their future, their children and property. The first decision should be to gain information and knowledge about the range of services and support available, government financial assistance, counseling and mediation services. Parties should also obtain appropriate legal advice.

Only when all this knowledge and information is obtained is a person prepared to start making decisions.

Mediation

The vast majority of family law matters are settled by mediation.  Nearly 95% of family law matters settle [2] and a large proportion of those settle through the process of mediation. Mediation is compulsory (with some exceptions) in family law matters as parties must attempt to settle matters even before they commence litigation.

So, what is mediation? It is the process of settling a dispute with the assistance of an intermediary by compromise.

There is a range of mediation services available, parties may select to attend mediation centers or to engage a private mediator.

An essential prerequisite before one embarks in the mediation process is to receive appropriate advice about legal entitlements and prospects. The mediation process is a finely balanced act between a party’s entitlement and acceptable compromise.

Collaborative law

Collaborative law is a way of resolving family law disputes that requires the parties and their respective solicitors to enter into a contract the basic tenet of which is that the parties and their respective solicitors contract out of litigation and agree to resolve all matters in dispute by negotiation. The core elements of collaborative law are that the parties and their respective clients enter into a contractual arrangement:

• To “negotiate a mutually acceptable settlement without using court to decide any issues for the clients”
• For the “withdrawal of the professionals if either client goes to court”
• To “engage in open communication and information sharing, and
• [To] create shared solutions that take into account the highest priorities of both parties”[3]

Elrington Boardman Allport, Solicitors is one of the firms that have embraced collaborative law in Canberra. Our firm recently co-sponsored with five other Canberra firms a three day inter disciplinary conference for lawyers, counselors, social workers and financial experts. Carlos Turini  (Partner) and Claire Grogan  (Associate) are trained collaborative law practitioners in our firm.

Property disputes and settlements

There is a four step approach that must be applied to ascertain a party’s entitlement to a property settlement in a particular case under the Family Law Act (1975) whether the parties are married or were previously married( Part VIII of the Act) or they lived in a de facto relationship (Part VIIIAB of the Act).

First, it is necessary to ascertain the pool of assets, financial resources and liabilities. Secondly, an assessment of the parties’ financial and non financial contributions to the marriage or relationship must be made. Thirdly, a comparison of the parties’ financial circumstances must be assessed to ascertain if an adjustment should be made in favor of one as against he other. Fourthly, the Court ensures that the overall adjustment is not simply the accumulation of Steps One + Step Two + Step Three but that it is fair.

Parties must formalize their property settlement legally (by entering into a financial agreement or obtaining consent orders) in order to ensure that they end their financial relationship and neither may sue the other in relation to property matters in future. Other significant benefits of formalizing a property settlement legally are:

• Exemption from stamp duty on the transfer of real estate, shares and motor vehicles
• Capital gain tax exemptions

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Send an email to the Family Law team or Contact us in Canberra on (02) 6206 1300 or Queanbeyan (02) 6218 1200