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Incorporating Jeffrey Choy Legal

Family Lawyers Sydney CBD

Family lawyer

A Family Lawyer that takes the time to understand your situation

The financial aspects of family relationships can be emotionally troubling.  JCL Legal is a Sydney based law firm that understands the difficulties couples face when arranging their financial affairs before they get married or enter into a permanent relationship, and, of course, when a marriage or de facto relationship ends and there are property and the care of the children to consider.

Our family lawyers are amongst some of the best in Sydney, we take the time to listen to your concerns and work with you to determine the best way forward. We consider your whole situation and take the time to understand your feelings and your needs. We have the experience and expertise to provide advice,  enabling you to make a clear path through the hurricane that surrounds you. We will help you find a safe way through the turmoil as quickly and effectively as possible. Whatever your situation, our team of family and divorce lawyers at JCL Legal, conveniently located in the Sydney CBD,  have the experience both in and outside of the courtroom to guide you through this difficult time. 

Our experienced lawyers can assist you with obtaining a divorce, a Binding Financial Agreement, Consent Orders in the Family Court or pursuing property or child matters.

The Family Law Act covers both marriages and de-facto relationships. There are many misunderstandings surrounding Family Law which can be confusing, to assist we have provide some general answers to several of the most common queries our team of family lawyers are asked:


a.    Under what conditions can a divorce be granted?
There is no concept of fault in the Family Law Act regarding divorce. The Court has power to grant a divorce as long as two conditions have been fulfilled:
       i.    The parties have been separated for 12 months or longer; and
       ii.    There is no likelihood of getting back together again.

b.    Can I have sole custody of the children?

The Family Law Act does not have any concept of custody. Under the Act a child or children either live with a parent, or spend time with a parent. The Act recognises that a child/children need a mother and a father and commences from the position that it is in the best interests of the child that they spend significant time with both of their parents and then considers all factors to determine how each parent will spend time with a child.

c.    If I leave my family home and the children remain with my partner do I lose my rights?

The Family Law Act recognises that conditions may become unbearable for a person to remain in the family home and may chose to leave under those circumstances. The Family Law Act recognises the assets of the relationship at the date of separation and the need for children to have a continuing relationship with their parents.

d.    I have been homemaker and carer of the children, how does this contribution affect the division of property?

When considering making Property Orders the Family Court considers many factors. It will make Orders on the basis of contribution taking into account that The Family Law Act recognises that there are both financial and non-financial contributions that contribute to the acquisition of the assets of a relationship. It takes into consideration the contribution of a person as homemaker and/or parent. Those roles taken on by one partner allows the other partner to be gainfully employed and contribute economically which they otherwise could not have undertaken except for the efforts of their partner. 

e.    If my partner and I agree how we wish to care for our children and how we wish to divide the property assets of the relationship can we get the Court to formalise our agreement?

The parties to a marriage or a de-facto relationship may make an application for Consent Orders to be made by the Family Court. The Consent Orders must be drafted carefully and set out the terms to which the parties have agreed. It must reflect the principles of being “just and equitable” and “otherwise proper”. It requires the parties to receive independent legal advice and for the lawyers who give that advice to provide a certificate as to that advice to be attached to the Consent Orders. Consent Orders can be made either during a marriage or within 12 months of a divorce and with respect to de-facto relationships from the date of separation and up to 2 years after separation. The Act provides for Consent Orders to be made after these limitation dates in special circumstances. 

As each situation is individual the above information is provided only as an assistance to understand some of the aspects regarding Family Law, and cannot be considered as legal advice. In order to provide you with the best advice and service, our team of family and divorce lawyers are avaialble for an introductory half-hour interview where you can discuss with one of our lawyers your particular circumstance at a discounted fee of $110.00 including GST. 

If you are looking for the best family lawyer in Sydney to suit your needs, please contact us to make an appointment by using our enquiry form on this website or telephone our office on 02 8215 1588, or if you wish to contact us after hours please telephone Mr Jeffrey Choy on 0419 233 670. As a special service to our Chinese clients we have a special Chinese language telephone number where you can speak to Ms Juliette Chang on 0426 282 788.

 

Speak Directly with a Specialist Family lawyer Today

JCL Legal (incorporating Jeffrey Choy Legal)

Sydney Office: +61 (0) 2 8215 1588

Mobile: +61 (0) 419 233 670

Email: info@jcllegal.com.au

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Address:
Level 8
65 York Street
Sydney NSW 2000