FAMILY & DIVORCE

We are here to offer you our support and experience in resolving parenting and property settlement disputes.

WE UNDERSTAND YOU

Your relationship has come to an end. Regardless of how this happened, separation can be a stressful, hurtful and difficult time for parents and children. The truth is, you are not alone. Relationship breakdown, separation and divorce affects nearly half of all marriages and de facto relationships.

 

With determination and the right support many people are able to successfully rebuild their lives after separation, and so can you. What is now critical is that you maintain your integrity as a person ensuring that communications between you and your ex-partner are respectful while making sure you keep your children insulated from conflict.

We know what hostile and litigious break ups do to people and children. We have also seen precious financial resources wasted in an effort to 'win'. In separation, however, there are no winners. To really 'win' in separation means to resolve differences with minimum financial and emotional impact on your family. That is why our focus is on helping you manage this process to achieve this, while also looking after your interests and, particularly, the best interest of your children.

We also work with a network of trusted psychologists and financial planners to ensure that you receive the holistic support you and your family need.

HOW WE WORK 

We are strongly focused on helping you go through the family law process with as little financial and emotional stress as possible. To start the process, call us to book a free consultation. We offer after-hours appointments and can also connect with you via Skype if this makes things easier for you.

 

During the our first consultation we will:

  • make a preliminary assessment of your legal issues

  • identify if you, or your children, are 'at risk', to determine if mediation is appropriate in your circumstances

  • discuss your short term and long terms objectives

  • explain the family law process and potential settlement strategies

  • explain how we work and our fixed-fee service approach.

If you decide to retain us, we will:

  • send you a Client Agreement, which sets out the terms of our engagement, the scope of work we will perform and our estimated fees

  • take your instructions

  • gather from you all the relevant documentation you are required to provide under the Family Law Act 1975

  • review your case, documentation and any other relevant information you may provide to us

  • conduct a conference with you to provide you with tailored legal advice and any other recommendations we consider relevant

  • discuss and direct you to Mediation if this is appropriate in your circumstances. If Mediation is appropriate in your case, we will equip you with solid legal advice so that you can engagement in this process with confidence.

MEDIATION IN CHILDREN MATTERS

Mediation is a compulsory requirement under the Family Law Act 1975, with some exceptions, in family law proceedings. Under the Act a parent wishing to file an application with the court for an order in relation to a child (or children) is required to obtain a Mediation Certificate from a registered family dispute resolution practitioner. 

 

Once the Certificate is issued, then a parent is allowed to file an application for Parenting Orders with a court. There are various types of applications relating to children, but the most common is a Parenting Order, which is an application to ask a court to make binding orders about the parenting arrangements for a child or children.

The rule about compulsory mediation aims at encouraging parents to settle their parenting issues outside the court system. There is no doubt that mediation, as a collaborative process, can produce mutually agreeable outcomes in relation to the future care of children in a speedy, economical and stress free manner.

When Mediation is not compulsory

Mediation, however, may not be appropriate in all cases. There are number of circumstances which exempt parents from engaging in mediation. If there are ground to grant an exception to mediation, then a Mediation Certificate will be issued noting the applicable exemption, for instance where the matter is urgent or where there is a risk or evidence of family violence or child abuse.

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Liability limited by a Scheme approved under Professional Standards Legislation

CIFUENTES LAWYERS

90 Carrington Street, Adelaide SA 5000

PO Box 229, Burnside SA 5066

    0477 269 867   l   info@cifuenteslaw.com.au

www.cifuenteslaw.com.au