Family Law

Every family is different and requires a personalised approach to their specific situation in the event of divorce or separation.

MCB Law works closely with families to navigate a time that can often be stressful and emotionally draining.

Family Law in Australia is geared toward the amicable dissolution of a marriage or de facto relationship. MCB supports this approach and works with families to begin a new future based on a mutually beneficial separation. Divorce in Australia does not take into consideration fault of either party. The grounds for divorce are known as ‘irretrievable breakdown’ of the relationship which must be demonstrated by a twelve-month separation period prior to a divorce being applied for. While the divorce itself may be a straightforward process, there are usually a number of other elements that require consideration.

These include:

• Disbursement of assets such as property and finances (including superannuation)
• Financial liabilities
• Parenting arrangements
• Both financial and non-financial contributions made during the marriage
• The future needs of each party with due regard given to age, health, ongoing care of children, income, financial resources and so on.

MCB Law will help you work through each of these considerations, encouraging parties to reach a mutually beneficial agreement that avoids the need for a court hearing. We will go through each element in detail, developing the appropriate legal documentation required for each element.

Particular consideration is given to any children involved in the dissolution of a relationship. For many couples the ongoing care and wellbeing of children is the primary concern. According to the Family Law Act 1975, both parents are responsible for the care of their children and, in most cases, shared parenting arrangements are in the best interests of the child. MCB Law will work with both parties to develop a formal agreement, providing a stable and consistent plan for the future.