Family Law in Port Macquarie
Searson Shannon & Co Pty Limited’s Family Law practice is proud to have developed a reputation for mediation and conciliation rather than adversarial and protracted litigation.
Many people believe that Family Law proceedings will cost tens of thousands of dollars. This does not always have to be the case – especially if you are able to negotiate an agreement with your former partner.
Searson Shannon & Co Pty Limited offer fixed professional fees to negotiate and formalise a property settlement or parenting agreements by way of Consent Orders.
A fixed fee arrangement offers your certainty of your legal costs and in a practical alternative to hourly billing in matters which are to be settled quickly.
Disbursements incurred in your matter are not included in our fixed fee, however we will provide you with an estimate of these additional costs.
Property & Financial Settlements
The Family Law Act specifies certain matters which must be taken into account in a property matter.
The process of assessment of each party’s entitlements is a three step process:
- Identification of the current asset pool with an identification of those assets which were owned by either yourself or your former partner prior to commencement of relationship.
- Assess the history of the relationship to determine the contributions which have been made by you and your former partner towards the acquisition, conservation and improvement of the together with an analysis of any contribution made by you as parent or homemaker.
- Examination of the present and future financial needs and resources of both you and your former partner.
There are four principles which apply in determining who a child lives with and who they spend time with:
- All children have a right to know both parents and to grow up with their love and support.
- All children have a right to be protected from harm.
- Parenting is a responsibility that should be shared equally provided children are not put at risk.
- Parents should be able to work out together what’s best for children rather than fighting in court.
Searson Shannon & Co Pty Limited offer fixed professional fees of $550.00 to prepare, lodge and finalise an Application for Divorce on your behalf.
A Court filing fee also applies to Applications for Divorce.
The only way to make sure you have a legally enforceable agreement about your parenting arrangements that your former partner must follow, is if it is documented in Consent Orders. A parenting plan will not be enforceable.
Family Law Act
The Family Law Act 1975 is the main law on matters involving divorce, property settlement after marriage breakdown or de facto relationship breakdown, spouse maintenance for a party to a marriage, de facto partner maintenance for a party to a de facto relationship that has broken down and issues relating to parenting arrangements after separation.