family law

The family law team at gadens melbourne offers a personalised, comprehensive, commercially realistic yet sensitive service in all aspects of family law including divorce, childrens and property matters, guardianship and defacto / domestic partnerships with particular expertise in:

• complex property settlement and maintenance negotiations, through mediation, arbitration and litigation as appropriate, including issues regarding interests in trusts, corporations, superannuation or businesses;
• preparation of, and advice in relation to, Binding Financial Agreements before (pre-nuptial agreements – very valuable as a financial planning tool in protecting assets in the event of a subsequent marriage breakdown), or during an ongoing marriage, or at the end of a marriage (separation agreements);
• all aspects of family law relating to domestic relationships (previously known as "de facto partnerships"), including litigation, mediation and cohabitation and separation agreements;
• where appropriate and possible, structuring a settlement outcome that reduces any adverse impact of taxation, stamp duty or other government taxes and charges;
• conducting proceedings in interstate courts;
• residence, contact and other issues relating to children, including the relocation of children to another city, state or country, and matters falling within the Hague Convention on the International Aspects of Child Abduction;
• all aspects of child support and adult dependent child maintenance issues, including formal child support agreements; and
• the relatively new and revolutionary manner in which disputes may be resolved, known as collaborative practice.

Wherever appropriate and possible, the team promotes alternative dispute resolution mechanisms, including mediation and arbitration, rather than litigation. The expertise in the team also includes the revolutionary dispute resolution option of collaborative law or practice, which is a client interest focused process, and where our client is integrally involved in the whole resolution process. Where litigation is unavoidable, the team is highly experienced in preparing, presenting and conducting all aspects of litigation, and advising on strategy and other vital matters.

The family law team’s expertise also extends to the provision of services in the guardianship and administration areas of the law, including representing a party who seeks to have a guardian and / or administrator appointed for another party, or who has an interest in being represented in any such application being made, for example of a family member.

Part of the team’s expertise in servicing a client’s needs will often involve our close working relationship with other recognised experts in various related fields, such as counsellors, psychologists, accountants and valuers.