Family Law

Kelly Hardie Solicitors understand the emotional and devastating impact of family, de-facto or same sex relationship break down. We use our extensive knowledge and experience to provide you with personalised, action orientated and constructive legal advice in the following areas:

 

Mediation

Mediation is a process in which an independent, skilled and appropriately qualified third party facilitates discussion between the parties of a dispute, with the ultimate goal of reaching resolution without the need for litigation. Mediation or alternative dispute resolution is a legislative requirement (in most cases) before making an application to Court. Agreements reached in mediation are not legally binding until the agreement is either subject to a Consent Application which is filed with the Court or a financial agreement or some form of a binding document endorsed by a Court.

Parenting Arrangements

The making of suitable arrangements for children is usually the priority for most parents following separation. When the court is petitioned to make parenting orders its primary concern is that the child’s best interests remain the paramount consideration coupled with the maintaining of the child’s significant relationships. Kelly Hardie Solicitors can advise you on your rights and obligations in this regard and assist you to constructively negotiate an agreement with the other party / parties, which is child focused. Kelly is a qualified Independent Children’s Lawyer and Child Representative and appreciates the importance of prioritising the interests of children in family law disputes. 


Divorce

Divorce is the termination of the marital legal relationship between a man and a woman. In Australia we have “no fault divorce” and divorce is granted when there is an irretrievable breakdown of marriage and the parties have been separated for a period of at least twelve (12) months. We can assist you to complete, file and litigate your Divorce Application with the Federal Circuit Court, which sits approximately every three (3) months in Dubbo. We also assist with applications made in Parramatta, Sydney and interstate areas.

Property Settlement

he Family Law Act determines how property will be divided for married, de facto and same sex couples. The definition of property under the Act can include real estate, shares, bank accounts, superannuation, businesses, trusts and companies. Kelly Hardie Solicitors are experienced in carefully analysing, investigating and compiling the necessary information that will enable us to clearly advise you on your entitlements. Our Conveyancing expertise can also assist with finalising property matters through the Transfer, Sale or Purchase of property.


Binding Financial Agreements

Married or de facto couples (including same-sex couples) have a right to make Financial Agreements about the allocation of property (including property settlement, maintenance and superannuation splitting) previous to the commencement of, during and in the event of separation in relation to a relationship / marriage / cohabitation arrangement. These agreements are legally binding. A Binding Financial Agreement outlines the parties’ agreement as to their financial arrangements and contributions and are intended to minimise future litigation and dispute.

Skill and expertise is required in relation to the drafting of a Financial Agreement, in particular in relation to the provision of advice. We can advise on the benefits of such agreements and draft a document which addresses financial arrangements (including those which involve complex matters) for a range of circumstances and clients.

Child Support and Spousal Maintenance

Kelly Hardie Solicitors is experienced in dealing with all types of child support matters and disputes.  We can assist you in dealing with the Child Support Agency (CSA) in relation to the making of an application for child support and/or disputing a child support determination. We can also assist in negotiating a private child support arrangement, which includes drafting a child support declaration.  

Kelly Hardie Solicitors can also advise as to your right to receive or your potential legal responsibility to pay, spousal maintenance.


Abduction and Recovery

At Kelly Hardie Solicitors we are experienced in urgent matters such as injunctions and recovery matters where one party has acted unilaterally in respect to the care of a child. We are able to professionally prepare and litigate such matters with a reputation for producing favourable results.