Practice areas

At Gentles Family Lawyers, we understand that you probably feel emotional and a bit nervous when you enter the office for the first meeting. We will show you empathy and do our best to make you feel comfortable throughout the process.

• Duration of initial consultation: 45 – 60 min
• Investment: $396.00 (inc. GST)

Call us on  (02) 8319 7498 for advice you can trust.

It is an innovative process that allows you to consult with interdisciplinary collaborative practitioners to finalise family law issues in a respectful way that meets your family’s needs.

How does it work?

• You and your partner will each have a collaborative law practitioner acting on your behalf.
• Both of you will need to sign a Participation Agreement. By signing this, both parties agree not to threaten or initiate court proceedings.
• It is advisable to have a Coach/Facilitator for the process. Having a neutral person during the process generally keeps each party feeling safe and heard during the process.

To find out more about Collaborative Practice and find a solution for your family needs,

Call us on (02) 8319 7498 for advice you can trust or  Begin online

 

Getting divorced is often confusing and stressful. At Gentles Family Lawyers, we will assist by taking away the stress and concern about what to file, when to file it and whether or not you need to serve your spouse with the documents.

Thinking about getting divorced? It is important to know the following:

1. Either you or your spouse may apply for divorce, or you can make a joint application.
2. A limitation date applies to filing a property application in Court once a final divorce order has been made.
3. The divorce order is final one month after the divorce order is made.
4. Some people may have difficulty with serving an application to a spouse who has moved overseas.

Mediation is a safe place to resolve issues of parenting, property and financial matters. It is facilitated through a mediator, a neutral person trained to guide the parties to reach an agreement.

Why choose mediation?

1. It is a safe place to resolve issues of parenting, property and financial matters;
2. It is less expensive than going to Court;
3. It can be arranged quickly;
4. You are assured that it is confidential

If you require a Mediator or an experienced family lawyer to represent you at mediation, call us on (02) 8319 7498 or begin online

We understand that how assets, financial resources and superannuation are divided is a high priority. According to the Family Law Act, the term that describes this alteration of property interests is a “property settlement”.

At Gentles Family Lawyers, we provide expert advice and assist you in identifying property components, valuations and solve this high priority issue amicably.

 

Every parent wants to know that their children will be able to spend time with each parent after separation.

The Family Law Act 1975 deals with all manner of situations concerning children and sets out children’s rights which include:

• The right to know and be cared for by both parents
• The right to spend time, and communicate regularly with both parents and other significant people which could include a step-parent or relative such as grandparents
• The right to know their family culture

There is a mandatory requirement for parents who have a dispute regarding their children to seek the professional help of a counsellor who is trained and registered as a Family Dispute Resolution Practitioner.

Call us for an initial consultation on (02) 8319 7498 or fill in our Contact form for advice you can trust.

We understand how difficult it can be for you to negotiate either a parenting order or property order, or both by consent.

It is a good feeling to know that you and your former spouse or partner can agree without setting foot in the Courtroom.

Gentles Family Lawyers seeks for our clients to save themselves emotional stress, money and time. We give you the right advice to settle matters amicably by one of the methods outside the court regime, and we can then draft them into Court Orders in legal terms.

Please call us for advice on (02) 8319 7498  or fill in our Contact form.

Following separation, one party in a marriage or a de facto relationship may be unable to support him or herself adequately financially. That person may be entitled to what is called “spousal maintenance.”

When deciding if the Applicant can obtain maintenance in their favour, the Court assesses the following:

• Whether  they have the care and control of a child who is under 18 years old;
• The age of the Applicant or whether their physical or mental incapacity affects their ability to work; and
• Any other adequate reason

If you need maintenance or it is being sought from you, we will be happy to assist you with your legal rights and responsibilities.

Please call us to obtain detailed advice on (02) 8319 7498  or fill in our Contact form.

At Gentles Family Lawyers, we prepare a Financial Agreement (“Agreement”) that deals with each party releasing their former spouse from paying the other spousal maintenance in the future.

This agreement protects you from allowing your former spouse to make such a claim when you have moved on with your life and may already be in a new relationship.

If you would like to limit what your former spouse can do after you have separated and are divorced, then it may benefit you to have this agreement as part of your overall property settlement.

To find out more about this agreement and whether it is appropriate for you, call us for advice on (02) 8319 7498  or fill in our contact form.

A Will is a legal document that sets out your instructions for what should happen to your estate after you die. It is the only way to ensure that your wishes are carried out.

If you are over 18 and have children, pets, or assets, such as a car, superannuation or digital property, you need a Will.

Although you can prepare your own Will, many people underestimate the complexity of their affairs and may not realise the extent of their estate. Your Will is probably one of the most important documents you will ever sign.

At Gentles Family Lawyers, we take away the complications, leaving you with peace of mind that your affairs will be taken care of. We will keep your Will safe until needed and help your chosen Executor carry out your wishes.

 

If your same-sex de facto relationship has broken down and you find yourself wondering if you have any rights and entitlements under the law then we at Gentles Family Lawyers would be happy to meet you and advise you on your particular individual circumstances and needs.

The law in relation to same sex couples changed for the better in 2009 and if you meet the criteria for a de facto relationship between heterosexual couples then you have the same rights and entitlements as them. These include property and maintenance rights available to same sex couples in New South Wales and most of the other states and territories in Australia and your children have the same rights of all children in Australia.

If you need assistance with making parenting arrangements or organising child support for your children following the breakdown of your relationship or require advice on financial issues or property settlement, call us on (02) 8319 7498  or fill in our Contact form for advice you can trust.

A. Property disputes

The Court system is geared to settlement of all property disputes from the time of filing an Application for Final and/or Interim (urgent) orders.

You will receive expert legal advice from Gentles Family Lawyers prior to and throughout your property matter with consideration given to the cost involved. Naturally, settling a property dispute early on is advisable and very cost-effective.

B. Parenting disputes

Going to Court with a parenting dispute can sometimes tie up a client for 12 to 24 months due to delays in the court system. It can also be very taxing on children and parents to have to go through the process.

At Gentles Family Lawyers are committed to trying and settle your parenting matter with the least amount of stress involved, and therefore we will do our best to complete your case in a cost-effective manner.

Call with your enquiry on (02) 8319 7498  or fill in our Contact form for advice you can trust.

Initial consultation – to obtain instructions, whether selling by Auction or Private Treaty, what is included in the sale, and the estimate of costs and expenses involved in completing the sale.

Preparation of a Contract for the Sale of Land, including obtaining all prescribed documents from the Council, Water Authority and Land Titles Office.

Arranging for a Survey and/or Building Certificate from the Council, if required.

Liaising with the Real Estate Agent appointed for marketing, providing them with copies of the Contract for the Sale of Land prior to marketing commencing.

Attending to all legal procedures required to complete the sale.

Attending to the settlement of the sale.

Co-ordinating, where possible, the simultaneous settlement of the purchase by you of a new home.

Initial consultation – to obtain instructions, whether selling by Auction or Private Treaty, what is included in the sale, and the estimate of costs and expenses involved in completing the sale.

Preparation a Contract for the Sale of Land, including obtaining all prescribed documents from the Council, Water Authority and Land Titles Office to form part of the contract.

Liaising with the Real Estate Agent appointed for marketing, providing them with copies of the Contract for the Sale of Land prior to marketing commencing.

Attending to all legal procedures required to complete the sale.

Attending to the settlement of the sale.

Co-ordinating, where possible, the simultaneous settlement of the purchase by you of a new home.

Consultation to discuss the terms of the contract. Arrange for a pre-auction Building and Pest Report, or a Strata Report if the auction property is a Strata Title residential apartment/townhouse. Finance – confirm that you have written preliminary approval from a lending institution for adequate funding for the purchase. Should you be the successful bidder, we would then attend to all legal procedures required to complete the purchase, as detailed below in the purchase by Private Treaty.

Initial consultation – to discuss the terms of the contract and the costs and expenses involved in completing the purchase.

Finance – confirm that you have written preliminary approval from a lending institution for the funding of the purchase.

Discuss the need for a building and pest report prior to committing to the purchase by way of exchange of contracts, and arranging for these reports if required.

Attending to all legal searches and procedures required to complete the purchase.

Attend to payment of stamp duty on the contract and transfer.

Providing your lending institution with all information and documentation they require to release the funds for the settlement of the purchase.

Co-ordinating and attending to the settlement of the purchase.

Co-ordinating, where possible, the simultaneous settlement of the sale of your current home.

Initial consultation - to discuss the terms of the contract and the costs involved in completing the purchase.

Finance – confirm that you have approval for the funding of the purchase.

Discuss the need for a building, pest and strata reports to be carried out prior to committing to the purchase, and arrange for these reports if required.

Attending to all legal searches and procedures required to complete the purchase.

Attending to payment of stamp duty on the contract and transfer.

Providing your lending institution with all information and documentation they require to release the funds for the settlement of the purchase.

Co-ordinating and attending to the settlement of the purchase.

Co-ordinating, where possible, the simultaneous settlement of the sale of your current home.

As Family Law Professionals at Gentles Family Lawyers, we can also arrange for the transfer of real property from one party to another following the granting of Consent Orders by The Family Court of Australia or for consideration where parties are not subject to Family Court Orders.

There is no stamp duty payable on these transfers if it is a transfer between spouses and/or de facto partners.

Refinancing is generally part of the procedure in Family Law matters. If you need assistance finding a financial institution we are affiliated with Sean Richardson at Freshwater Financial Services and Sally Prowse at Sandcastle Finance who can assist you.