Family Law

  • Divorce

    How do I get divorced? Australia is a no-fault jurisdiction. To get divorced, you must prove that you & your spouse have been separated for 12 months, one day from the date of filing the Application of Divorce. The Court has a step-by-step guide for you to follow if you want to apply for a divorce yourself – Click 'HERE'

    How can we help? If you are time poor, find the paperwork overwhelming or want the security of knowing that someone with legal experience is handling the matter, we can help. To make an appointment, click ‘HERE’

    Do you have questions about the process, need advice about how to calculate the 12-month separation period or about how a divorce will affect your property or parenting arrangements, Click ‘HERE’

  • Parenting

    My wish is that children be treated as people, and not as property: Oprah Winfrey. A person’s a person, no matter how small: Dr Seuss

    These are some of the questions that parents/grandparents/stepparents ask us:

    • My ex-partner won’t let me see the kids. What can I do?

    • My kids are not safe. What can I do?

    • My ex-partner has taken me to Court about the kids. What can I do?

    • My partner and I have just separated. What do we do about the kids?

    • My ex-partner and I have been separated for a long time. We have a parenting arrangement in place, but now s/he wants to change it. What can I do?

    • My son/daughter has separated from their partner, and now I can’t see my grandkids. What can I do?

    The Family Law Act 1975 (Cth) provides that parenting orders must be in a child’s best interests. A child’s bests interests are determined by having regard to two primary principles:

    1. Children benefit from a meaningful relationship with both parents.

    2. Children need to be safe.

    The Family Law Act 1975 (Cth) provides that a child’s need to be safe is given greater priority. The Family Law Act 1975 (Cth) sets out a range of factors that need to be considered when determining an answer to the primary principles.There are also multiple pathways to a parenting agreement. Not every parenting agreement needs to be “hard fought” through the Court system.To get advice specific to your circumstances, to make an appointment Click ‘HERE’

    Further information for kids and parents - http://www.bestforkids.org.au/

  • Property

    Starting the discussion about dividing property and finances is often stressful and overwhelming. People’s property is as individual as the people it belongs to – from residential premises with mortgages, business structures, business loans, self-managed super funds, industry funds, shares, vehicles, to funds in accounts … the list goes on. The Family Law Act 1975 (Cth) sets out the pathway to resolving property issues:

    1- Has the relationship ended? Is there a need for legal intervention?

    2- What were the financial/non-financial contribution of the parties? This question considers issues like: Where did the funds to pay the mortgage come from? Did someone do renovations that added to the value of the home? Did someone stay out of the workforce to care for the kids?

    3- What other factors are relevant? This question considers issues like: Does someone have limited earning capacity due to age, illness or because they were out of the workforce caring for children? Is someone primarily responsible now for caring for children? Is someone bankrupt? What are the financial commitments of each person?

    We can help you start the discussion you may have been avoiding, and provide guidance and advice through Court.

    To get advice specific to your circumstances, Click ‘HERE’

    To be prepared, you should bring to your appointment - A current market appraisal from a real estate agent, setting out a range of values for any residential/investment properties. - 12 months of statements for all accounts held in your name/in which you have an interest in. - The last 3 financial year’s individual taxation returns and assessments. - The last 3 financial year’s financial statements for any corporate structure (eg partnership, company, trust) in which you have an interest. Your current superannuation statement. Any current Court documents.

  • Agency Appearances- Civil Litigation, Criminal Law, Family Law

    We are able to act as your agent at the Local Courts in Dubbo, Narromine, Gilgandra and Wellington, and at the District Court and FCFCOA in Dubbo.

    To talk about how Peacockes can assist you, Click ‘HERE’

    Please contact our Dubbo office on 02 6882 3133