What We Do

Collaborative Family Law is a relatively new approach in Australia.  It involves you, your former partner and your respective lawyers, negotiating the terms of your own settlement and any children’s issues.  The negotiation takes place in person, around a table, and is designed to ensure that both parties needs and wishes are heard and taken into consideration.  Experts from a variety of fields, such as accountants, financial advisors or children’s psychologists, can also be called in to provide advice and guidance during the negotiation process.

Collaborative law allows the parties involved to retain control of the process and prevents the need for a third party (i.e. the Court) to determine the outcome of the settlement.

The laws relating to de-facto couples are different to those of married couples, however we can still achieve the best outcome for you when necessary.

At Rafton Family Lawyers, we can help you to negotiate agreements relating to property and assets before you enter a de-facto relationship or during your relationship. We can also help you to reach a binding property settlement following a relationship breakdown and represent you in court if required (whether that pertains to property or children’s issues).

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A property settlement sets out how the assets of the relationship will be divided following a marriage breakdown.  Couples do not need to be formally divorced before reaching agreement on a property settlement, and de-facto couples can also reach a formal settlement under different legislation.

At Rafton Family Lawyers we have experience in a wide range of property settlement matters, involving houses, family businesses and superannuation, and we can help you to achieve the best possible outcome in your case.  A legally binding property settlement is vitally important after a break-up to ensure that all of the issues relating to money, assets and property are clearly resolved and there is less chance of problems in the future.

Divorce is an extremely difficult time for children and we aim to minimise the impact of the process on them, and keep their rights in mind, whether we are negotiating where they will live, who they will live with and how often the other parent sees them.

Importantly, in the majority of cases, we can help our clients to resolve any issues regarding children without the intervention of the Court, which reduces a lot of the emotional trauma that may be faced by children asked to attend Court.

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Child support is one of the most complicated and emotionally charged issues facing families after a marriage breakdown.

The most important thing to ensure is that the child/children are adequately supported financially.  We can help you to negotiate informal child support arrangements, and help you to understand your rights and obligations with regard to financial support.  We can also help custodial parents in their dealings with the Child Support Agency and assist non-custodial parents in negotiating child support and appealing unfair assessments by the CSA.

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The term “pre-nuptial agreements” is predominantly an American term which refers to a “Binding Financial Agreement”.  These agreements can be entered into by a couple at any time, either before, during or after a marriage, and are intended to stipulate how assets should be divided in the event of a relationship breakdown.

We can help you to draft financial agreements, that ensure your best interests are considered in the event of a break-up, or we can act on your behalf to review and negotiate an existing agreement before you sign it.

A growing number of couples are using the Agreements to protect their interests, particularly when they are marrying later in life or when there are blended families involved and a parent wants to protect their asset base.

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For most couples and families, the first step is always to try and resolve differences without going to Court.

At Rafton Family Lawyers, our professional team of lawyers are trained in the process of mediation and alternative dispute resolution.  They can provide advice and guidance to you and your former partner that will resolve issues fairly and equitably without the need to involve a Court.  This is often beneficial in the early stages of a dispute and can prevent ongoing arguments and tension over issues.

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Domestic violence is a serious matter.  If you have any immediate fears for your safety, or that of your children, please contact the police for assistance and/or protection.

There are many different forms of domestic violence and abuse, and unfortunately some relationship breakdowns are affected by this issue.  We can help you to apply for an Apprehended Violence Order that prohibits your ex partner or spouse from coming within a certain distance of you or your family if you are the victim of domestic violence.  We can also recommend a number of support services and temporary refuges that may be able to help you.

We can also help to defend an application for an AVO that has been made against you if the allegations are unfounded and untrue.

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