Family Law

Nicholls Gervasi divorce lawyers offer a pragmatic to resolve family law disputes, whether they be Property Settlement or Parenting Arrangements, Child Support or Family Court representation.

Our lawyers are experienced in the emotional and challenging environment that is family law and are able to provide timely advice on all areas including:

  • Financial matters such as the division of assets and superannuation – Property settlement
  • Spousal maintenance
  • Children’s issues – Custody, Parenting Arrangements
  • Child support
  • Divorce Applications
  • Estate planning following separation

 Family Law Advice and Representation in the Family Court

We will tailor a service that is right for you.

We can simply advise you of your legal entitlements and obligations relating to divorce law, property settlement and child custody issues (now known as “Parenting Arrangements”). We especially advise you to get this advice if you are contemplating separating from your spouse or partner. It is better to be forearmed!

We negotiate a resolution of matters with your ex-spouse or their solicitor.

We will represent you in contested proceedings in the Family Court.

Fixed Price Legal Services

In certain circumstances we are able to offer fixed-priced services and would welcome the opportunity to discuss these options with you in detail.

Divorce and Separation

Australia’s divorce system works on a “no fault” basis.

You do not need to show that your partner is at fault to obtain a divorce.

The only requirement for divorce is the irretrievable breakdown of the marriage.

This is usually proven by a 12 month separation. There may even be a separation while living in the same house (living under one roof).

You will need sound legal advice about separation while living under one roof. Call: 08 8364 3666

De Facto Couples and Separated Married Couples and Property Settlement

There are important time limits for de facto couples that have separated and for married couples who have divorced regarding the division of the assets of the relationship (property settlement).

Again, it is crucial you obtain legal advice as early as possible before or following a separation. Call: 08 8364 3666

Property Settlement

Property Settlement and dealing with assets and the family home is a separate issue from divorce.

Property Settlement can be dealt with at the time of contemplation of separation and certainly as soon after separation as possible.

When a relationship ends couples may agree who will keep which assets that have been accumulated during their relationship.

Couples, whether married or de facto, have a number of options regarding property settlement.

Binding Financial Agreements and Consent Orders in the Family Court

  1. If an agreement has been reached we can assist with drawing up a Binding Financial Agreement.
  2. There is also the option of applying for Consent Orders in the Family Court. 

There are benefits and disadvantages for Binding Financial Agreements and a Court Order.

It is impossible to list these because it depends on the particular circumstances of the couple. We can advise you the option would be best suited in your circumstances. Call: 08 8364 3666

Property Orders in the Family Court

If an agreement cannot be reached an Application can be made to the Family Courts for Property Orders.

There are time limits for making such Applications so it is important to seek legal advice if you are contemplating separation or if you have recently separated. Call: 08 8364 3666

The Courts follow a particular process in determining who gets what. To assist the Court it is necessary to provide detailed information about all assets and their values. Having all the necessary financial information enables property disputes to be resolved more easily.

Access to Financial Information

If you are contemplating a separation it is important you obtain legal advice to gain an understanding of what steps you should take to ensure you have access to any historical financial information which may be required during negotiations.

This is particularly important when you plan to leave the family home and all financial records are kept there.

Don’t risk missing out on property you are entitled to. Contact Nicholls Gervasi and make an appointment. Call: 08 8364 3666

Children’s Issues – Parenting Arrangements

Of all legal disputes, those involving children can be some of the most challenging. 

“Custody” Agreements and Disputes

Children’s issues generally relate to which parent the children will live with and what amount of time the children will spend with the other parent.

The best way is for the parents to come to an agreement themselves.

We will assist you to formalise any agreement reached to ensure arrangements are binding and capable of being enforced if problems arise in the future. Call: 08 8364 3666

If an agreement cannot be reached we can assist with an Application to Court.

The Family Court will make a decision based on what is in the best interests of a child or children.

When making a decision the Court must balance the rights of a child having a meaningful relationship with each parent against the need to protect a child from risks of harm.

If you are considering an Application to the Court or you have been advised that the other parent has made an Application it is important to obtain legal advice to ensure your position is protected.

You should seek advice as soon as possible as many things can affect the final decision of the Family Court and you do not miss out on opportunities to be involved with your children.

Spousal Maintenance

Spousal maintenance is the payment of money to a former spouse after separation. It is often dealt with as part of a property settlement but it may be arranged in other ways.

Whether you are seeking spousal maintenance or want to dispute the maintenance you’ve been ordered to pay, contact Nicholls Gervasi to find out more about your legal entitlements and obligations. Call: 08 8364 3666

Legal Aid

If you are a low income earner or are on government benefits, you may qualify for Legal Aid. In such circumstances the Legal Services Commission may agree to pay for a portion of your legal fees.

Our lawyers may suggest that you make an application for a grant of legal aid. 

If you make an Application you can request our family lawyers to represent you.

For more information about Legal Aid visit http://www.lsc.sa.gov.au.

Call us on
08 8364 3666
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We service clients internationally and throughout South Australia with four convenient office locations.

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