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FAMILY LAW

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Kozarov Lawyers are a Family Law firm based in the heart of Melbourne's CBD, Geelong and Ballarat. We understand your family law case is sensitive, personal and individual. This is why at Kozarov Lawyers we take great care with your family matter. Our team comprises of individuals who are approachable, reliable, supportive and committed to achieving the best possible outcome for you. Having to go through legal proceedings will often involve a financial impact so one of our primary goals is to get your matter settled promptly. This is usually achieved using mediation and a collaborative approach.

Our aim is to help you reach agreements by negotiation at a pace that suits your family. Our commitment is to make your settlement and parenting plan as cost-effective and constructive as possible. If this is not achievable, we will ensure that your case is dealt with promptly via the Family Law Courts. We understand that your separation is more than just a legal matter; it is an emotional issue too. Our team is here to support you every step of the way.

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We can help you with:

  • Matrimonial Matters

  • Divorce / Separation

  • De-facto Relationships, including same sex

  • Property and Financial Matters

  • Children’s Matters – Residence and Contact

  • Spousal Maintenance

  • Binding Financial Agreements (BFA)

  • Parenting Plans

  • Child Support

  • Consent Orders

  • Relocation

  • Family Dispute Resolution

  • Family Mediation

  • Family Violence Intervention Orders

  • Legal representation in the Federal Circuit Court and Family Court of Australia

  • Lives With Orders 

  • Spends Time  and Communicate with Orders 

  • Contravention Applications

  • Adoption

  • Special Issues such as religion, education, change of name, medical and more 

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Family Dispute Resolution / Mediation

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What is Family Dispute Resolution / Mediation?

Family Dispute Resolution (FDR) is a type of mediation which helps people who are separating or divorcing to resolve their family law disputes with each other. It involves an impartial third party, called a Family Dispute Resolution Practitioner (FDRP), or mediator.

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Separation / Divorce

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What does Separation / Divorce mean?

Generally, prior to filing an application for a divorce, you must have separated for 12 months. It is preferable to have evidence that you have separated as sometimes disputes may arise in circumstances where one party alleges separation has been less than 12 months.Our office will discuss this with you in more detail. 

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You may bring an application either jointly or with your former spouse known as a joint application. If the application is made jointly, you won't need to attend the hearing for your divorce application to be heard. However you must still serve the application on your former spouse. 

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If you bring a sole application for a divorce and you have children under the age of 18 years of age, you will need to attend a court hearing.

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Parenting Plan

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What is a Parenting Plan? 

Parties may enter into a written agreement that sets out arrangements for who the child will live with, spend time with and communicate with. It is important to note that this type of agreement is not enforced by the Court. However, the Court will take into consideration the parenting plan if Court proceedings are commenced. Parenting Plans can be drafted by you, a lawyer and even a mediator. Each party holds equal shared parental responsibility for the child if you are yet to obtain a Court Order.

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The Family Law Act sets out details about parenting plans in Sections 63C, 64D, 65DA and 70NBB on this topic.

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Consent Orders

What is a Consent Order?

A Consent Order, is an Order made by the Court, whereby both parties consent. Consent Order relating to parenting, as opposed to parenting plans, these are enforceable Court Orders. If Consent Orders are made by the Court, the Court will make them in accordance with the best interest of the child principles. 

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Consent Orders relating to property settlements are Orders made by the consent of both parties which reflect the way in which the parties have agreed to divide their asset pool.

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Property Settlement

What is a Property settlement?

Property settlements can be entered into prior to finalising your divorce, however once a divorce has been granted, parties must settle their property within a year from the date of divorce. 

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What is Section 75(2) Factors?

During your Court proceedings, you may have heard of Section 75(2) factors. This section of the Family Law Act 1975 (Cth) relates to adjusting a property settlement based on the contributions of the parties. 


The Court may take into account certain factors when deciding how to distribute assets in property settlements when determining property and maintenance cases.

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What are the Factors?
 

  • The age and state of health of each of the parties


  • The Income, property, and financial resources of each of the parties and ability to earn an income


  • Whether either party has the care or control of a child of the marriage who has not attained the age of 18 years


  • Commitments relating to support of themselves, a dependent or other person


  • Whether the parties are eligible for a pension, allowance or benefit


  • Whether the parties have separated or divorced


  • The extent to which payment of maintenance to the party whose maintenance is under consideration could enable further education and increase their earning capacity


  • The effect of any proposed Order on the ability of a creditor of a party to recover a creditor’s debt.


  • The extent to which one party has contributed to the income, earning capacity, property and financial resources of the other party


  • How the length of the marriage affected the earning capacity of the party seeking maintenance


  • The need to protect a party who wishes to continue their role as a parent


  • Financial circumstances of any current cohabitation by either party


  • The terms of any Order made  or proposed under Section 79 of the Family Law Act, if any


  • Child support  liability of either of the parties


  • Any fact or circumstance which, in the opinion of the Court, the justice of the case requires to be taken into account;


  • The terms of any financial agreement binding on the parties to the marriage

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We recommend that you contact our office for advice to ensure that you have expert guidance. 

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Financial Agreements

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What is a Binding Financial Agreement ? (also known as Pre-nup)

A Binding Financial Agreement addresses property division including superannuation in the event the parties separate. A Binding Financial Agreement can also be made for the payment of Spousal Maintenance. You must obtain Independent Legal advice separately prior to formalising the agreement and an Australian Legal Practitioner must provide a certificate confirming that independent advice has been provided as to the advantages and disadvantages of entering the agreement. 

 

Section 90B or 90UB of the Family Law Act 1975

Binding Financial Agreement's can be entered into before marriage and prior to the commencement of a de facto relationship.

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Section 90C or 90UC of the Family Law Act 1975

Binding Financial Agreement's can be entered into during a marriage or a de facto relationship.

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Section 90D or 90UD

Binding Financial Agreement's can be entered into upon the parties separating to formalise financial matters.

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If you need legal advice regarding any of these matters please contact us on 03 9229 3829 or 1300 208 838 or email us on info@kozarovlawyers.com

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