|
|
||
|
|
||
|
|
|||
 |
Client ServicesIf you are experiencing a family breakdown, you need professional advice and guidance to help you through the process. At Karen L Haga & Associates we have the expertise and experience to assist you with all of your family law issues, including:  Separation and divorce Children’s issues and parenting
arrangements Property settlements De-facto relationships Prenuptial Agreements/Financial
Agreements and Domestic Relationship Agreements Child support Domestic violence and AVOs Wills and Estates Conveyancing and property
lawSeparation does not necessarily lead to divorce but for couples who have been separated for 12 months and feel that the marriage has broken down irretrievably, divorce is an option. We can help you through this difficult period by providing professional advice and guidance, and ultimately minimising the impact on you and your family. We have the skills, experience and training to offer two different approaches to divorce, depending upon your individual circumstances and situation:
It is important to note that the majority of separations do not end up in Court and we will make every effort to avoid litigation. Children’s Issues and Parenting Arrangements Whenever children are involved in a family breakdown it is essential that their best interests are kept at the forefront of any decision-making exercise. Separation is an extremely difficult time for children and we aim to minimise the impact of the process on them, and keep their rights in mind, whether we are negotiating custody, access, child support or visitation rights. Our principal, Karen Haga, was one of the first solicitors appointed by the Legal Aid Commission to represent children in the Family Court and she has significant experience in this particular area. Importantly, in the majority of cases, we can assist our clients to resolve any issues regarding children without the intervention of the Court. Any agreements can then be made binding in the form of Parenting Orders. A property settlement is one of the most important features of a separation/divorce in that it sets out how the assets of the relationship will be divided. Couples do not need to be formally divorced before reaching agreement on a property settlement, and de-facto couples can also reach a formal settlement under different legislation. Property settlements are important because they are legally binding and clearly stipulate how the assets are to be split. Having a legally binding settlement reduces the risk of future disputes and uncertainty. At Karen L Haga & Associates we can work with you to reach an agreement with your spouse, and then have the agreement formalised (either as Court Orders or a Binding Financial Agreement depending upon the circumstances). The laws relating to de-facto couples are different to those of married couples; however it is still possible to reach a binding property settlement which is called a “Termination Agreement”. In a Termination Agreement, the contributions of each party to the assets and liabilities of a relationship must still be considered and we can help you to reach an agreement with your ex-partner. If Court action is required we are also able to represent you in whichever court is the most appropriate, whether the issue pertains to children or property, in just the same way as a married couple. We can also help you to negotiate agreements relating to property and assets before you enter a legally defined de-facto relationship or during your relationship. Pre-nuptial Agreements/Financial Agreements and Domestic Relationship Agreements The term “pre-nuptial agreements” is predominantly an American term which refers to a “Binding Financial Agreement”. These agreements can be entered into by a couple at any time, either before, during or after a marriage, and are intended to stipulate how assets should be divided in the event of a relationship breakdown. A Domestic Relationship Agreement is the equivalent of a Binding Financial Agreement for de-facto couples. At Karen L Haga & Associates we can help to draft such agreements, ensuring that your best interests are considered in the event of a break-up, or we can act on your behalf to review and negotiate an existing agreement before you sign it. It is important to note that Binding Financial Agreements are not exclusive to movie stars and celebrities. A growing number of couples are using the Agreements to protect their interests, particularly at a time when the average age for marriage is increasing and people entering into relationships want to protect their asset base. Child support is a complex area of family law that requires careful consideration and attention. It is also an area that can create considerable emotional issues for parents. The most important thing to remember is that the child/children are adequately supported financially. The majority of child support cases are handled by the Child Support Agency, a federal government body that calculates and collects child support from the non-custodial parent based on a formula in the Child Support Assessment Act. We can help you to negotiate informal child support arrangements, and help you to understand your rights and obligations with regard to financial support. We can also assist non-custodial parents in negotiating child support and appealing unfair assessments by the CSA. Domestic violence is a serious matter. If you have any immediate fears for your safety, or that of your children, please contact the police for assistance and/or protection. There are many different forms of domestic violence and abuse, and unfortunately some relationship breakdowns are affected by this issue. At Karen L Haga & Associates we can assist in a number of ways. For example, we can help you to apply for an Apprehended Violence Order that prohibits your ex partner or spouse from coming within a certain distance of you or your family if you are the victim of domestic violence. We can also recommend a number of support services and temporary refuges that may be able to help you. On the other hand, some relationship breakdowns are marred by allegations of abuse that are unfounded and in this instance we can help to defend an application for an AVO that has been made against you. If you are in a relationship affected by domestic violence it is important to discuss the issues in detail with your lawyer. We understand how difficult this can be, but we can help. Everyone should have a legally binding Will that clearly sets out how they would like their assets to be distributed in the event of their death. If someone dies without a Will, their estate is divided according to state laws and regulations that may not be in harmony with the deceased’s wishes. It is particularly important to keep your Will up to date, especially when your circumstances change, such as after getting married, separating or having children. We can help you to prepare a legally binding Will that ensures your estate will be distributed according to your wishes. We can also prepare tools on your behalf, such as a Power of Attorney or Enduring Guardian that will protect your interests (and those of your beneficiaries) in the event that you cannot make decisions regarding your financial affairs or medical care in the future. When you are buying or selling property you need advice that you can trust and a suitably qualified person acting on your behalf. Whether you have recently separated and have to sell the family home, or whether you have simply decided to buy a new place, we can help with all of the issues associated with contract preparation, contract reviews, negotiation, and settlement. With a fully qualified solicitor and experienced paralegal handling your property transaction, you can be assured of the right advice and representation at all times. Conveniently located in Terminus Street at Castle Hill, we are easily accessible for personal visits and can be reached quickly by telephone or email if you need fast advice. |
|
|||
|
 |
||||
| ©2007 Karen L Haga & Associates. All Rights Reserved | Disclaimer | |||||
