Family Law
We respect that our clients want practical solutions to their family law matters. Our goal is provide solutions based advice to our clients on all aspects of family law incorporating property settlements, children’s matters, de facto relationships, binding financial agreements and divorce.
Children
Custody and access issues can be an emotional, but our experienced family law team at Carroll Goldsmith Lawyers are here to guide you through the process.
We provide practical advice and support to assist the parties reach an agreement on matters such as living and parenting arrangements.
We strive to settle family and children’s matters as quickly as possible, so you and your children can continue with your lives.
We will fight for your rights and, above all, the rights of your children, and will continue to do so if court action is required.
Property Settlements
The Family Law Act provides the criteria used to determine a fair and equitable outcome for property settlements. Our family law team will provide you with sensible advice outlining your rights and realistic estimates of your entitlements.
Our firm has experience acting in complex family law property settlement cases.
We understand that this can be a stressful time, so we aim to be that voice of reason for you, providing objective advice and practical legal solutions to help you resolve your family law matter in a timely and efficient way.
Divorce
If your marriage has broken down and you have been separated for at least 12 months, you can apply for divorce to the Federal Circuit Court, or to the Family Court. A marriage breakdown isn’t easy for any party involved and divorces can have unexpected consequences including:
- An application for property settlement must be made within 12 months of the divorce being finalised, unless the court orders otherwise;
- A divorce automatically cuts your divorced spouse out of your will.
Our experienced family law team at Carroll Goldsmith Lawyers can guide you through all aspects of your divorce, including preparing the application, filing it with the court and serving it, and appearing on your behalf before Court if required.
Financial Agreements
The Family Law Act allows married couples and de facto couples to enter into binding financial agreements.
A binding financial agreement can include how property will be distributed, allocation of debts to one party or the other, spousal maintenance and superannuation splitting. Sometimes referred to as pre-nuptial agreements, the binding financial agreements can also be used by couples after separation.
Our firm has experience in drafting binding financial agreements, so we are able to assure you that the terms will comply with formalities of the Family Law Act.
De facto Relationships
The Family Law Act defines a de facto relationship as a couple living together on a genuine domestic basis. There are a number of other factors considered, such as the length of the relationship and whether they have children together.
Each case will be different, so if you considering whether you are eligible to use the remedies available to de facto couples under the Family Law Act you will require legal advice as to whether a de facto relationship exists.
It is important to know there is a two-year period from date of the relationship breakdown in which you must either finalise the property distribution or to initiate Court proceedings as a de facto.
Our family law team at Carroll Goldsmith Lawyers can advise you on your rights that arise from your de facto relationship.
Child Support & Spousal Maintenance
Our family law team at Carroll Goldsmith Lawyers understand the importance of securing financial support after separation.
Spousal maintenance is financial support payable by one spouse to the other in circumstances where the first-mentioned party is reasonably able to do so and the spouse receiving the maintenance are unable to support themselves adequately.
Child support is determined by the Services Australia – Child Support, and generally is resolved without the involvement of lawyers. We can discuss child support with you and assist with the preparation of child support applications if necessary.
Our firm will guide you through the separation process with care and sensitivity, while diligently pursuing the best possible outcome for you and your family.
Consent Orders
Navigating the complexities of separation or divorce can be overwhelming. At Carroll Goldsmith Lawyers, we understand the emotional and financial stress that comes with these life changes.
That’s why we offer expert assistance in obtaining Consent Orders under the Family Law Act, ensuring a smooth and legally binding resolution to your property and financial matters.
Consent Orders are legally binding agreements approved by the Family Court of Australia. They are a cost-effective way to formalise the division of property, financial arrangements, and parenting responsibilities without the need for a court hearing. This means you can achieve a fair and equitable settlement efficiently and with minimal stress.
Don’t let the complexities of separation or divorce overwhelm you. Contact us today to schedule a consultation and learn how we can help you achieve a fair and legally binding resolution through Consent Orders.
We're here to guide you
every step of the way
Our Other Services
Family Law
We offer comprehensive family law advice and solutions tailored to your specific needs, covering property settlements, children’s matters, de facto relationships, binding financial agreements, and divorce.
- Separation or Divorce
- Children & Child Support
- Spousal Maintenance
- Asset Protection
Small Business
We provide comprehensive business and commercial legal services to businesses operating across the Mornington Peninsula, from Frankston to Portsea. Our experienced lawyers stay current with the evolving business landscape to offer tailored solutions.
- Intellectual Property Law
- Employment Law
- Entity Formation & Governance
- Contract Law
Dispute Resolution
Our experienced team at Carroll Goldsmith Lawyers is dedicated to helping businesses achieve their goals and mitigate risks. We leverage our extensive commercial and dispute resolution expertise to provide practical solutions and minimise the need for costly litigation.
- All disputes and litigation
- Business related disputes
- Spousal Maintenance
- Asset Protection
Franchising Law
As a franchisee, you may be facing challenges like contract disputes, territory violations, or unfair business practices. Carroll Goldsmith lawyers can provide personalised guidance to protect your rights and interests.
- Franchising Agreements
- Disclosure Documents
- Good Faith and Fair Dealing
- Codes of Conduct
- Legislation
- Disputes
Intellectual Property
Protecting intellectual property (IP) is crucial for businesses to safeguard their innovative ideas and assets. Carroll Goldsmith Lawyers can provide expert advice on a wide range of IP matters.
- Trade Marks
- Trade Marks Office registrations
- Copyright
- Confidential information
- Licence agreements
- Patents: Legal rights granted for inventions
- Designs: Protection for the appearance of a product
Employment Law
The dynamic nature of employment law demands a legal professional who is not only knowledgeable but also agile. As an employer, you need a partner who can swiftly identify potential legal risks, and provide practical solutions.
- Employment contracts
- Contractor agreements
- Employment law advice
- Workers’ entitlements and claims
- Unfair/unlawful dismissal advice and representation
- Fair Work Act advice
- Advice on Modern Awards and EBAs
- Fair Work Commission appearances and representation
Conveyancing
Our Mornington-based practice provides comprehensive property law services throughout the Bayside region. With a deep understanding of the local market, we are well-equipped to assist clients with a wide range of property transactions.
- Franchising Agreements
- Disclosure Documents
- Good Faith and Fair Dealing
- Codes of Conduct
- Legislation
- Disputes
Wills, Probate & Estate Planning
A well-crafted Will can provide peace of mind and clarity for both you and your loved ones. By expressing your wishes for your estate, you can help ensure that your assets are distributed according to your desires.
- Simple and complex Wills
- Powers of Attorney
- Powers of Guardianship
- Testamentary trusts
- Administration of Estates
- Probate applications
- Letters of Administration
- Challenging a Will
- Estate advice