We provide comprehensive family law services, drawing on our years of experience to navigate the complexities of your unique circumstances. We offer strategic guidance and representation across various aspects of family law, ensuring an efficient and fair resolution. Explore our key services:
At Powell Family Law we support parties through matrimonial and defacto property matters and provide comprehensive guidance on adult child and spousal maintenance entitlements, rights, and obligations, ensuring fair outcomes and in adult child maintenance applications. Our team offers advice and representation for creditors, trustees, shareholders, executors, and other third parties involved in property matters, protecting your interests.
From initial engagement to documenting agreements and potential litigation, our approach is structured to provide clear guidance and achieve favourable outcomes:
Contested Matters
Stage 1: Initial Engagement
- We meet with you to understand your matter and offer strategic advice.
- Following our discussion, you receive a detailed letter outlining our initial advice.
- We facilitate document exchange to ensure clarity on income and property division.
- Obtaining necessary information from superannuation companies is part of our service.
- If required, we utilise professionals like forensic accountants for assessments or valuations
Stage 2: Negotiation
- Making offers and responding to those made by the other party are part of our negotiation strategy.
Stage 3: Mediation
- Handling all preparation for mediation and providing strategic advice.
- Accompanying you throughout the process, ensuring your interests are represented.
- Providing a detailed letter of advice after mediation and assisting with documenting agreements for finalisation.
Stage 4: Litigation
- Guiding through the legal process, including attendance at Court dates and procedural hearings.
- Preparation for and attendance at trials, including enforcement proceedings if necessary.
Stage 5: Enforcement
- Assisting with legal action to enforce orders where compliance is lacking.
Documenting Agreement
Where agreement is reached, we assist in documenting it through:
- Application for consent orders, including drafting, filing, and advising.
- Binding Financial Agreement, where we provide drafting and advice.
Throughout every stage, we prioritise your peace of mind and strive for favourable outcomes.
Contact us today to discuss your property matter and embark on a journey toward resolution and new beginnings.
Before initiating proceedings in the Court, it’s crucial to genuinely attempt to resolve disputes concerning children, always keeping their best interests at the forefront. Following these steps often leads to successful resolution of the matter, ensuring a smoother transition for the children involved.
Stage 1: Initial Engagement
• Planning meeting: We’ll meet with you to understand the history of what has happened, your child or children, and their needs, ensuring a thorough understanding of the situation.
• Initial advice: Following our discussion, you’ll receive a letter outlining our initial advice based on our discussion, laying the groundwork for the next steps.
Stage 2: Negotiation
• If it’s safe to do so, we will negotiate with the other parent about the arrangements for your child or children, aiming for agreements that prioritise the children’s well-being.
Stage 3: Family Dispute Resolution Conference
• Preparation: If it’s safe to do so, we will arrange a family dispute resolution conference to attempt to resolve parenting arrangements, handling all preparation and providing strategic advice.
• Attending the conference: Our team will accompany you throughout, ensuring the focus remains on the children’s best interests and providing continuous guidance and support.
• Communication: Following the mediation session, we’ll provide you with a detailed letter of advice, outlining the outcomes and offering clear steps for your next course of action.
DOCUMENTING AGREEMENT
Parenting Plan
• Preparation: We’ll handle the drafting of your parenting plan, ensuring it reflects the agreements made and safeguards the children’s needs.
• Advice: Upon receipt of the signed plan, we will provide you with advice on how to best move forward in the future, ensuring ongoing support and clarity.
Application for Consent Orders
• Preparation: We’ll handle the drafting and filing of your application for consent orders, ensuring compliance with legal requirements and safeguarding the children’s best interests.
• Advice: Upon receipt of the orders, we’ll provide comprehensive advice to ensure clarity on the terms and implications, prioritising the children’s well-being throughout.
LITIGATION
Stage 1: Notice of Intention to Commence Proceedings
• Communication: If it’s safe to do so, we’ll inform the other parent in writing about your intention to commence legal proceedings, ensuring transparency and clarity from the outset.
Stage 2: Make Application to the Court
• Preparation and filing: We’ll draft and file your application with the Court, ensuring proper procedure and representation of your interests.
• Review and advise: We’ll review any responses filed by the other parent and provide advice on the best course of action, always with your safety and the children’s best interests in mind.
Stage 3: Further Proceedings
• Briefing experts and obtaining documents: We’ll assist in obtaining necessary documents and briefing experts such a family report writers and psychiatrists, ensuring all information is gathered to ensure your safety and to help the Court to make informed decisions regarding the children’s welfare.
Throughout every stage, we prioritise the children’s best interests and strive for agreements that promote their well-being. Contact us today to discuss your parenting matter and let us help you navigate this challenging time with care.
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Stage 1: We will meet with you to understand your unique situation and provide you with tailored advice.
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Stage 2: We will handle obtaining essential documents, including marriage certificates and translations, simplifying the process for you.
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Stage 3: We will make the application for you and have the matter listed. In cases of extenuating circumstances, expedited divorce services are possible.
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Stage 4: We will utilise the expertise of our network of service agents to effectively serve even the most challenging parties.
Applicants
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Stage 5: If required, we will represent you in court proceedings and obtain the divorce order on your behalf.
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Stage 6: After your divorce is granted, we provide guidance to ensure all loose ends are tied up, allowing you to move forward with confidence.
Respondents
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Contested Divorce Applications: We provide effective representation in contested divorce applications.
We offer fixed fees for most divorce applications. Contact us today for assistance with your divorce proceedings.
Child Support Agreements
• Stage 1: Initial Engagement We meet with you to understand your situation and the requirements of your child or children.
Stage 2: Negotiation We assist in negotiating arrangements with the child’s other parent.
Stage 3: Documenting Agreement Depending on your circumstances, we will draft either a limited child support agreement or binding child support agreement to document the agreement, and we will register the agreement with the Child Support Agency.
Child Support Litigation
• Stage 1: Initial Engagement We meet with you to understand your situation and the requirements of your child or children.
Stage 2: Negotiation We assist in negotiating arrangements with the child’s other parent.
Stage 3: Professional Support We provide advice and support throughout the child support litigation process.
We offer fixed fees for many child support matters. Contact us today for advice about child support
We prioritise your safety and well-being from the moment you reach out to us.
PEOPLE IN NEED OF PROTECTION (AGGRIEVED/APPLICANT)
Stage 1: Initial Engagement
• We begin by meeting with you to understand your situation and the challenges you are facing. This helps us tailor our support to your specific needs.
• We conduct a thorough risk assessment to evaluate any immediate dangers and collaboratively develop a safety plan that prioritises the safety of you and your family.
• Following our discussion, you will receive a detailed letter outlining our initial advice and advising as to the next steps.
Stage 2: Application for a Protection Order
• If it aligns with your safety plan, we will prepare and file an application for a protection order. In some cases, the police may do this for you. This application is then officially served on the respondent by the police.
• We will help to make a plan for you to get to court safely and for you to be safe while you are there. We will accompany you and advocate for a temporary protection order. If possible, we will negotiate a final order at the first return date.
• If the respondent contests the protection order, we will gather and organise all necessary evidence to build a strong case for you. We engage highly experienced barristers to represent you effectively and will provide continuous support throughout the trial.
PEOPLE ACCUSED OF DOMESTIC VIOLENCE (RESPONDENT)
Stage 1: Initial Engagement
• We begin by meeting with you to understand your situation and the challenges you are facing. This helps us tailor our support to your specific needs.
• If you have been misidentified as a perpetrator of domestic violence and are actually the person most in need of protection, we will take instructions from you to make an application for a cross order.
• Following our discussion, you will receive a detailed letter outlining our initial advice and advising as to the next steps.
Stage 2: Responding to an Application for a Protection Order or Police Protection Notice
• We accompany you to court to advocate for your best interests.
• If we are unable to negotiate a satisfactory resolution for you, we will gather and organize all necessary evidence to build a strong case for you. We engage highly experienced barristers to represent you effectively and provide continuous support throughout the trial.
Benefit from our extensive experience with domestic violence matters. Contact us today for assistance.
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Intervention with Parental Agreement: Advice for parents where an Intervention with Parental Agreement has been proposed by Child Safety.
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Child Protection Care Agreement: Guidance for parents and carers where Child Safety has proposed a Child Protection Care Agreement.
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Representation in Children’s Court Matters: We provide comprehensive legal assistance to parents and carers where the Director of Child Protection Litigation has made an application for assessment, custody and/or guardianship of a child.
Beyond traditional family matters, our family law practice extends to estate planning services. We offer tailored guidance for drafting or updating testamentary documents, ensuring your wishes are followed.
Secure Your Family’s Future
Trust Powell Family Law to guide you with compassion and expertise. Our team is ready to tailor solutions to your unique circumstances.
Ensure your family’s well-being—empower your legal journey with Powell Family Law.
