The family law team at Lynch Meyer has wide-ranging experience in property settlements and children’s issues within de-facto relationships and marriages.
Whether you have just separated from your partner or spouse, are thinking about separating, or are about to start a new relationship, you may wish to speak to one of our experienced family lawyers for advice about your legal rights and obligations and the best way forward for you.
We understand the special needs you may have during these times and will provide you with discreet, personalised services. We will de-mystify the process and advise and assist you through all legal aspects of your matter, providing practical, workable results in a timely and cost-effective manner.
We advocate out of court settlements [and interest-based resolutions] where possible and we promote the use of mediation and professional counselling services to resolve matters. If a resolution cannot be achieved or is not practical, we have the skills and experience to represent you in Court and we will advocate on your behalf. When necessary we will arrange for a barrister to attend at Court.
Our Expertise Includes
Matrimonial Matters
- pre-marriage property agreements
- divorce
- property settlements (including those involving company, partnership and family trust issues)
- superannuation issues
- spouse maintenance
Defacto Matters
- pre-relationship property agreements
- property settlements (including those involving company, partnership and family trust issues)
Children’s Matters
- care and living arrangements
- child support agreements and child maintenance
- relocation matters
Click on any of the below for more information on:
- Alternative Dispute Resolution processes
- Spousal Maintenance
- Pre-nuptial and Cohabitation Agreements
- Property & Superannuation claims
Further information on Divorce and Children’s Issues is referred to on separate pages.
Making the most of our services
The more preparation you do, the quicker, more accurate and more cost effective we can be in giving you advice about your rights and options, in assisting you with decisions, and in representing you.
When you contact our firm one of our family law solicitors can give you individually tailored advice on the best way for you to do this.
We will then continue to work with you toward the common goals of reaching realistic and desirable outcomes.
Alternative Dispute Resolution processes
Alternative Dispute Resolution (ADR) refers to non-Court forums aimed at assisting the parties to come to agreements about matters in dispute.
Mediation is one form of dispute resolution which can be helpful. A mediator helps the parties to work out the issues and the dispute, and to guide the negotiation process. However, a mediator does not make a decision about the matter – that is left to the parties.
Community centres and bodies such as Relationships SA and Centacare provide mediation services, as do private organisations such as Bower Place in Adelaide. You can contact those bodies directly if you are interested in trying a form of ADR. If you wish, they can usually contact the other party or parties on your behalf and invite them to participate in the ADR.
An agreement reached in mediation is not binding on the parties unless the parties document the agreement reached, or if they obtain Orders from the Family Law Courts confirming the agreement reached.
It is now compulsory for parties to mediate first, if they wish to initiate Court proceedings in relation to children’s matters. They also need to obtain a certificate from the mediator that mediation has taken place, or has at least been unsuccessfully attempted.
For more information about ADR refer to the “Useful links” on this page or contact our Family Law team.
Spousal Maintenance
If you have been married and have separated then you may have a right to claim spousal maintenance (periodic payments) from your former spouse.
If you have been divorced, then you can only initiate a Court application for spousal maintenance within 12 months of the date of divorce, unless there are special circumstances which can persuade the Court to consider an application after that time.
The extent to which an application for spousal maintenance will be successful depends on:
- the financial needs of the party applying for spousal maintenance
- the circumstances giving rise to their inability to fully financially support themselves; and
- the other party’s capacity to pay
Spousal maintenance is not the same as Child Support, and a party can receive both, or pay both to the other party.
For more information about Spousal maintenance contact our Family Law Team.
Pre-nuptial and Cohabitation Agreements
Parties who are in a relationship, are married, or are considering entering into a relationship or marriage, and who wish to protect their assets or have a level of certainty about their financial responsibilities in the event that they separate, may enter into a pre-nuptial or cohabitation agreement with the other party.
These agreements can set out how property will be owned and divided in the event of separation.
They can also make provisions with respect to spousal maintenance obligations in the event that they separate.
For more information about how these agreements work and whether they are suitable for you, please contact our Family Law Team.
Property & Superannuation claims
Parties who have been in a marriage or defacto relationship and who come to an agreement about the division of the assets that were accumulated during their relationship, may wish to have their agreement documented. By having the agreement properly documented, or by obtaining Orders from the Courts in terms of the agreement reached, the parties receive a level of certainty about the terms of the agreement they have reached.
For information about how such agreements can be documented or to have an agreement drafted on your behalf, please contact our Family Law team.
If parties to a marriage or defacto relationship cannot agree about the division of the assets which were accumulated during their relationship, a party can ask the Family Law Courts or the District Court (in relation to de-facto claims) to make a decision about how those assets are to be divided.
Those Courts can make Orders for the transfer of property between the parties, for the sale and distribution of proceeds of certain items of property, payment of money between the parties, and even transfer of amounts accumulated by way of superannuation between the parties.
However, before a party initiates Court proceedings for property settlement, that party must make an offer of settlement to the other party. If the other party does not accept the offer then Court proceedings can be initiated.
If an offer of settlement is not made before initiating Court proceedings then in certain circumstances the party who initiated Court proceedings may be Ordered to pay the other party’s legal costs.
For more information on this please contact our Family Law team.