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Family Lawyers Brisbane

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  • Family Law

    Our Family Law division complements many of our migration services and received the Acquisition International Award for “Best Family Law Services – Australia”.

    A few examples of where our experience has proven invaluable to our migration Clients:

    1. Long distance relationships and pre-nuptial agreements

    Long distance relationships put pressure on couples to tie the knot to support a visa application, often before the natural order of things. The recent hike in DIBP fees for engaged couples, and the recent DIBP shut down on bridging visa options for partners has put even greater pressure on couples to marry so they can secure visas allowing them to leave together.

    Long distance couples should have a binding financial agreement (“BFA”) (also known as a pre-nuptial agreement) because:

    1. They are unlikely to have been given the opportunity to properly test their relationship by living together.
    2. These agreements minimise the cost and stress normally associated with divorce.

    Under Australian partner law, partners can claim an interest in the other partner’s assets after as little as 3 months of living together. Any couples who are living together should seek legal advice on how this may affect their asset position.

    It is wise for anyone entering marriage to agree on how their assets should be split if they separate, because a properly drawn agreement is a much cheaper and faster (and less emotional) way to resolve property interests, than having to fight it out through the divorce courts. An effective pre-nuptial agreement also reduces the dispute because money is no longer an issue or distraction.

    2. Recently separated people who find love before their divorce is finalised.

    You cannot sponsor a partner until you are properly divorced.

    Many divorcees go through the formalities slowly (it is emotional after all) however this can obstruct one divorcee sponsoring their new overseas love, and in that scenario you will need a family lawyer who can fast-track the divorce formalities, whilst keeping the migration lawyer informed so the new partner can be sponsored ASAP.

    3. Overseas custody arrangements

    Mixed or blended families are increasingly common, and if you want to migrate to Australia with your children, then the ex-partner needs to consent to the children migrating also.

    If this is a problem, then you need a family lawyer to sort that aspect out.

    We are experienced in arranging this – whether it be arranging the process ourselves, or whether it be briefing overseas family lawyers with the required material.

    4. Adoptions

    If you wish to adopt a child who lives overseas, then we can help you. We are referred adoption and foster care matters from municipal Councils in the United Kingdom.

    Obviously close co-operation between family lawyers and the migration lawyer helps everything proceed smoothly, and have helped many orphans and foster children secure residency in Australia.

     

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