Elliot Tuthill Solicitors - Cronulla Sydney

FAMILY LAW AND DE FACTO RELATIONSHIPS

Whilst we cannot mend the emotional pain you experience when a relationship breaks down, we can help you deal with the practicalities which necessarily flow from that breakdown.

Counselling

Perhaps you think the relationship can be saved. We can put you in touch with counselling services which can help you decide the best way for you to explore reconciliation, if that is your desire.

Beyond Reconciliation

If things have gone beyond reconciliation, we have the capacity to advise in relation to the issues which normally arise, including :

Living arrangements for the children;
Property Division; and
Divorce

Children

Whether you have been married or not, issues in relation to the children are governed by the principle of what is in their best interests and, if agreement cannot be reached, the matter is determined by the Family Court.

Property Division

If you cannot reach agreement in relation to property division, different methodologies apply whether you have been married or whether you have been living in a de facto relationship:

If you have been married the matter is governed by the Family Law Act 1975
If you have been living in a de facto relationship the matter is governed by the Property (Relationships) Act 1982

Recent Changes

There have been significant changes to the law in relation to children and property in recent years and the law continues to evolve. It is, therefore, essential for you to obtain competent, experienced advice to ensure that your position is best protected.

Resolving Your Dispute

Disputes can be resolved in a number of ways including :

Negotiation between the parties;
Negotiation between the solicitors;
Informal mediation;
Formal mediation; and
By the Court deciding the matter

Most matters settle by negotiation and it is our policy to promote and encourage settlement in such a way. However, if it is your view that your partner is taking an unreasonable stance, we are more than prepared to represent your best interests and, if necessary, present your case with vigour before the court. We do not pretend that we can guarantee you the results your well-intentioned friends have told you that you should receive. However, we can guarantee that you will receive an honest and sound legal assessment of what we believe you are entitled to and what we can achieve for you.

Costs

Because disputes can be resolved in a number of ways, it is very difficult to advise you with great accuracy of your likely costs at the outset of the matter, as it may not be readily apparent how and when the matter might be settled.

At our first meeting, we will give you an outline of our fee structure and, based on the information you have given us at that meeting, we will provide you with a range of fees you are likely to incur.

If the matter cannot be resolved by negotiation and court action is commenced, we must provide you with an estimate of the fees at each stage and up to the conclusion of the matter. Before we do any work for you, we will provide with costing information in writing, at which time you can either accept or reject our acting for you. Therefore, when the matter is finalised you will not be surprised by unexpected costs.

Our team

Our Family Law team works collaboratively on your behalf and if the solicitor with whom you are dealing is unavailable because of holidays, court commitments etc., other solicitors in this office will have a knowledge of your matter and will be able to assist.

Our team is headed by Bruce Ryrie, who has had over 30 years' experience in Family Law and De Facto matters. Bruce is an Accredited Specialist in Family Law and an Accredited Specialist in Advocacy. Additionally, he is both a qualified Mediator and Arbitrator.

Madeleine Reid and Mary Ball have had collectively many years' experience in these areas. As a result, if you particularly wish to have either a male or a female solicitor to represent you, we have the capacity to assist.

Should you require our assistance, please contact our office to make the necessary arrangements.

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