Family Law Services
ROCHE Legal provides the following services in relation to an actual or potential relationship or marriage breakdown:
- Binding Financial Agreements – A BFA is a legally binding contract that parties to a relationship must follow in the event of separation. There is a common misconception that these agreements “don’t hold up in court” or “aren’t worth the paper they are printed on” however this is factually incorrect. These agreements are only valid if both parties have had independent legal advice and can actually be put in place:
- Before marriage or de facto relationship (Pre-nup)
- During marriage or de facto relationship (Post-nup)
- After breakup (general property settlement)
- Divorce Orders – Filing an application in the court to formalise your divorce. This is a necessary step in order to protect your estate and to be able to move forward with your life.
- Child Support Agreements – A written agreement between parents or carers about child support payments which can be provided to the Department of Human Services (‘DHS’) to mandate the amount of child support payable. Both parents must sign it and it can only be made if you’ve had legal advice. Child support is not required to be paid to a parent under an agreement if they have less than 35% care in the DHS assessment.
- Parenting Agreements – also known as Child Custody Agreements. These agreements can be either standalone or submitted to the court to be made officially binding by way of Consent Order.
- Spousal Maintenance – also known as “alimony” in the USA, spousal maintenance can be agreed (or agreed to not be necessary) by way of a Binding Financial Agreement.
- Consent Orders – A Consent Order is a Court order to finalise affairs following the breakdown of a relationship. Consent orders are required when the parties to the separation are not cooperating with one another in some way that prevents a harmonious split. Consent Orders can be filed and determined by the court with respect to:
- Finances and property settlement
- Child custody arrangements
Given everybody has different circumstances, we cannot offer fixed fees for these services unless we consult with you first. Contact us for a confidential discussion. We will advise our hourly rates and see if we can offer a fixed cost for you.