Family Law

Consulting Mason Westover Homburg early can lead to an early settlement of the matter, thereby saving all parties concerned significant trouble and expense.
Even if there is no dispute between the parties and they have reached an agreement in relation to financial matters or in relation to the children, Mason Westover Homburg can be of benefit in arranging matters so that the agreement can be formally recorded and any tax or stamp duty advantages taken up.

Mason Westover Homburg has experienced family lawyers serving clients as the region’s local solicitors and conveyancers, particularly the Rural City of Murray Bridge, Adelaide Hills, the Mid Murray including Mannum and Swan Reach, the Murraylands including Tailem Bend and Karoonda, the Coorong including Meningie and Salt Creek, the Upper South East including Tintinara and Keith, and the Southern Mallee including Lameroo and Pinnaroo,

The areas in which Mason Westover Homburg can be of assistance and provide advice are the following:

The Marriage Itself:

• What counselling facilities are available?
• Is there any prospect of reconciliation?
• How should the separation take place?
• Is a divorce indicated?

 

Children's Issues:

• Who will look after the children?
• Where will they live, go to school?
• What arrangements will be made for the children to spend time with each parent and other family?
• What are the arrangements for the financial support of the children?
• Are there special areas of concern relating to the welfare of the children?
• Is there any dispute over child support?
• Have the parties attempted Family Dispute Resolution?

An experienced solicitor at Mason Westover Homburg can advise you in this very emotional area of the law.

Property and Spousal Maintenance:

• What assets are there to be divided and how are the assets to be divided? (There is no rule that assets must be divided equally, so each case must be considered on its own merits.)
• Is there a spousal maintenance component? 

Everyone plans for and enters into a marriage pretty much entirely focused on the positives. However giving some consideration to some family planning in a financial sense is something Mason Westover Homburg strongly recommends in order to avoid potential difficulties should the parties go their separate ways in the future. Finding agreement before taking the plunge should be viewed as a positive for the relationship. A plan devised when people are thinking clearly is preferable to attempting to make a plan when difficulties arise.

Philip Westover of Mason Westover Homburg has over 30 years experience in Family Law. The Family Law Act allows people who are planning to marry to enter into a written contract to record their agreement as to how their assets are to be divided in the event of a breakdown of the marriage (a Binding Financial Agreement, commonly referred to a Pre-Nuptial Agreement). However is such an agreement has not been made the Act allows for a written agreement to be made during the marriage, or after the breakdown of the marriage, to record the terms of an agreement about division of financial resources.

Assets of third parties may in certain circumstances be dealt with by Family Court orders, so some form of formal agreement can become vital. Such assets can include interests in family businesses, including farms.

For an agreement to be binding each party must give a full disclosure of assets and must have independent legal advice. The solicitor for each party must certify that they are satisfied that their clients apprear to fully understand the legal effect of the agreement. There is no substitute for the advice of an experienced solicitor, and Mason Westover Homburg should be the first port of call for people considering these matters.

Injunctions and Non-Molestation Orders:

• Is family violence an issue?
• Is it necessary to apply to the courts for a non-molestation order?
• Is it necessary to apply to the courts for an order to preserve property pending the outcome of a case?
  

De Facto Marital Relationships:

• In South Australia, differest law applies to cases involving financial matters where parties are not married. This is a complex field of law and it is desirable to seek competent legal advice in these cases.
• Legislation in South Australia allows for Domestic Partnership Agreements to be entered into both prior to and after separation. 
  

Wills:

• A break down in the marriage does not automatically revoke or vary a will, although a divorce may well affect certain provisions in a will. Consideration should be given to the need to review a will in the light of changing domestic circumstances.

 

Mason Westover Homburg is very experienced in Family Law, De Facto Property and Child Support matters.

If you have a problem involving this area of law, contact Philip Westover or Fiona Shilton

 

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Mason Westover Homburg
Barristers ~ Solicitors ~ Conveyancers
4 First Street   PO Box 221   Murray Bridge    SA 5253
Telephone (08) 8532 3288 ~ Facsimile (08) 8532 6073

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