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Our Family Law team in Wollongong is able to assist you with all family law matters, including parenting, property division, and divorce. The breakdown of a marriage or a de facto relationship and the family unit can be difficult and distressing, and these matters require a high level of delicacy and expert guidance. Our experienced family lawyers in Wollongong have assisted countless clients over the years seeking advice and representation in family law matters.
We understand that family law matters are highly sensitive and may be complex, however, we will assist you in whichever way we can and streamline the process to ensure your family law needs are dealt with as quickly as possible, minimising the stress and cost of separation.
Enlisting the help of a family lawyer in Wollongong for the first time can seem daunting to those family law clients that are unsure about the process, their rights, and the decisions that will benefit them the most. Our specialist family lawyers will offer practical advice and guide you seamlessly through the process.
Our Approach to Family Law in Wollongong
Separation can be difficult, and therefore, we aim to approach each case with understanding and compassion. Yet, at the same time, we are committed to resolving matters amicably, promptly, and to the satisfaction of our clients in Wollongong and throughout the Illawarra.
At Maguire & McInerney, we aim to resolve matters out of court in Wollongong to resolve your case as quickly as possible and to minimise the cost. But, if this is simply not possible, we offer you strong representation at court.
We specialise in all family law matters in Wollongong and throughout the Illawarra including divorce, property agreements, de facto relationships, parenting ‘custody’ disputes, domestic violence, and all other family law issues.
We undertake each family law case with care, taking the time to understand your circumstances and the needs of you and your family. We then work to devise the best possible strategy that will achieve the right outcome for you. We will clearly explain how the law applies to your situation and recommend a sound course of action. Then we will follow it through with you, providing clear advice and explaining your options — every step of the way. This allows you to make the best possible decisions for your future and the future of your family in Wollongong or anywhere throughout the Illawarra.
Divorce in Wollongong and the Illawarra
Divorce in Australia has decreased over the last decade, but, according to the ABS, one in three marriages across the nation, including Wollongong and the Illawarra, are still expected to end in divorce. Sadly, separation and divorce can be highly stressful for those involved, particularly when there are children involved. Our aim is to minimise the stress and conflict that is sometimes involved in family law matters.
We guide you through the entire divorce process, from parenting agreements to financial settlements and divorce. During this process, we focus on reducing conflict and resolving disputes through mediation in Wollongong, if possible. This strategy can save you time, money, and prolonged emotional distress.
To get the best outcome possible, protect your children’s best interests, and secure your financial future, it is important to have an experienced family lawyer on your team with a wealth of experience with divorce, parenting, and financial settlements.
Our highly skilled family lawyers provide not only strong legal representation but also a compassionate attitude to you and your matter. We are dedicated family lawyers backed by many years of experience in Wollongong and throughout the Illawarra.
Property Settlement in Wollongong and the Illawarra
When it comes to property and financial settlements, or spousal maintenance following the breakdown of a marriage or de facto relationship in Wollongong and the Illawarra, it is not uncommon for well-meaning family and friends to provide their ‘advice’.
It is critical that you have the correct information and understand your rights according to the law as early as possible so that you can make decisions that will benefit your circumstances. Financial and property settlements can vary drastically depending on the type and length of your relationship, the assets involved, your family situation, and your personal circumstances.
As accomplished family lawyers, Maguire & McInerney Lawyers can provide advice on your rights and prepare you with accurate, tailored information unique to your circumstances in Wollongong. We aim to resolve your dispute as quickly and amicably as possible, minimising any trauma or excess cost.
Whether your matter involves a small property pool where every dollar is important to each party or large complex trust matters, our family lawyers are able to assist you in Wollongong.
Parenting & “Custody” Arrangements in Wollongong
Separation and divorce can be devastating for the couple involved, but, for most parents, the most concerning aspect of the process is the potential impact on the children involved. The welfare and safety of your children should be of the utmost priority when you separate. Consideration needs to be given to the parenting arrangements, whether in Wollongong or further afield throughout this country. Although the term custody is no longer used, some people in Wollongong refer to parenting arrangements as “custody”. The parenting arrangements mean who the children will live with and when the children will spend time with each of their parents. It also covers who will be responsible for both long-term and the day-to-day decisions regarding the children.
Parenting disputes can be incredibly upsetting, and it is essential that you find a family lawyer that you are able to work with and achieve an outcome that is in the best interests of your child or children. Our family lawyers have extensive experience dealing with parenting “custody” disputes in Wollongong and anywhere in Australia, including those involving domestic violence situations.
Whether you are in a marriage or de facto relationship in Wollongong or elsewhere, our family lawyers can provide comprehensive legal advice to achieve an outcome that is in your child or children’s best interests. We will also provide you with different options and give you realistic advice at our Wollongong Office about what to expect when it comes to navigating the legal process so that you are able to make informed decisions.
Our family law team serves Wollongong and the greater Illawarra region and includes some of the best family lawyers in Australia. At Maguire & McInerney in Wollongong, we have a positive approach to Family Law. We consider the impact of legal proceedings on a client and how the desired outcome can best be achieved with minimum conflict. Our approach is to take you out of the conflict rather than increase it.
Approachable and honest, we are proud of our reputation in Wollongong and throughout the Illawarra for offering balanced advice and achieving positive outcomes. Our family law team is known for their understanding and commitment to their clients as well as their strong litigation skills. If you need advice from our Wollongong office on a family law issue or you’d like to learn more about our services, get in touch with our family law specialist David Mewett. To start the process, contact us today.
Steps To Get Started
FAQs
No. Many family law matters are resolved through negotiation, mediation, or family dispute resolution without going to court. These options are generally faster, less stressful, and more cost-effective. However, court proceedings may be necessary in complex or high-conflict situations.
The Court focuses on what is in the best interests of the child. This includes factors such as the child’s safety, their relationship with each parent, and each parent’s ability to provide for their needs. Parenting arrangements can often be resolved by agreement, but the Court will intervene if necessary.
A divorce application can be made jointly or by one party through the Federal Circuit and Family Court of Australia. You must be separated for at least 12 months before applying. Divorce only legally ends the marriage and does not resolve property or parenting matters, which must be dealt with separately.
The Court’s primary consideration is what is in the best interests of the child. This includes factors such as:
- The child’s safety
- The child’s relationship with each parent
- Each parent’s ability to provide for the child’s needs
- Practical living arrangements
- The child’s individual circumstances
- Any history of family violence or conflict
In many cases, parents are able to reach an agreement without going to court. Where this is not possible, the Court will make a decision based on the specific circumstances of the family.
Property division considers factors such as financial contributions, non-financial contributions, and future needs of each party. There is no automatic “50/50” split. Each matter is assessed individually, and outcomes can vary depending on the length of the relationship and the assets involved.
In most cases, you have 12 months from the date your divorce becomes final to commence property or financial proceedings. For de facto relationships, the time limit is generally 2 years from separation. These deadlines are strict, so it is important to seek advice early.
Family law deals with domestic relationships between married and defacto couples and family matters including divorce, parenting ‘custody’ arrangements, financial matters, property separation and spousal maintenance.
De facto partners generally have similar rights to married couples when it comes to property settlement and financial matters, provided certain criteria are met. This can include relationships of at least two years or where there are children or significant contributions. Legal advice can help determine your entitlements.
You should seek legal advice as soon as you separate or are considering separation. Early advice can help you understand your rights, protect your financial position, and make informed decisions about children, property, and next steps before issues escalate.
