“We seek holistic solutions that are financially and emotionally better for you and your family.”
We NEVER encourage you to go to Court. And we always encourage negotiation. Our role is to help you to retain the assets that are important to you. We give you sensible advice in relation to your children; parenting arrangements; domestic violence concerns and support agencies who can work with you. Our mission is to support and assist YOU.
Speak with a Family Lawyer today
and get free initial advice.
We understand that you’re likely to be on an emotional roller coaster. And this can be the case whether it was you who chose the separation or not.
We also understand the possible implications associated with relationship breakdowns – whether that be related to businesses, trusts, property, domestic violence, children, custody or spousal maintenance.
And so that you can reach a fair and favourable outcome for you, our role is to provide you with sensible advice and strong legal representation on these concerns.
It’s our job to help you legally retain the assets that are important to you, while coming up with creative solutions that is emotionally better for you and your family.
One of the things that we’d love to discuss with you are the “out of the box” solutions that are available in attempting to resolve your matter.
We find that alternative solutions may allow a more positive outcome that more closely suits your specific needs without needing to resort to expensive court proceedings.
It is entirely possible that the final orders that a Judge may make do not satisfactorily resolve your conflict. And that’s why we like to encourage our clients to seek and negotiate for solutions outside of court.
Talk to us today so that we can discuss your matter and look for clever options for your difficult problem.
We understand that your life has been turned upside down, and we understand that there may be many underlying issues that we can support you through.
Our experience is broad-ranging, and we will make strategic decisions on your behalf that are based on logic and reason (not emotion) while getting you affordable and favourable outcomes.
And should your matter proceed to a court hearing, Alex Mandry is committed to protecting your rights, and providing you with strong representation that fights to protect you and your family.
The first step is to contact us to find out where you stand, so that we can advise you on what you need to do next.
Speak with a Family Lawyer today
and get free initial advice.
Alex Mandry understands the stresses and implications that is associated with relationship breakdowns. We can assist you in obtaining your Sunshine Coast divorce in a cost-effective and timely manner and will provide assistance with all aspects of your divorce, including completion of the application and any supporting affidavit, serving the application on your spouse and attending the Court hearing (if required).
In the event of a divorce or separation, property is divided between the ex-partners (including married, de facto and same sex partners). This is known as a property settlement. We can assist you in achieving the best possible property settlement and ensure that your property settlement is legally binding, giving you the long term protection you need.
As experienced children’s issues lawyers, often the most important issue for parents following separation is deciding “who the will children live with”. Our child children’s issues lawyers can advise you on your legal rights and responsibilities regarding the living arrangements of your children. Such advice might include varying proposals to take into account the age of your children or your changing work requirements.
If you think you are paying too much, or not receiving enough, we can help you. We have had positive results in achieving refunds of over-payments for our clients. Or if you want to determine your own payments but are still looking for a formal arrangement, our child support lawyers can assist you with Binding or Limited Child Support Agreements.
Anecdotally, they may be referred to as “prenuptial agreements”. Financial agreements are contracts under the Australian Family Law Act in which parties to a marriage or de facto relationship enter into a legal agreement governing the financial arrangements should a marriage or relationship break down or end in divorce. We can assist you by advising whether a Financial Agreement may be right for you and, if so, preparing and advising on the Agreement itself.
Spousal maintenance is an area of family law and is the obligation of one party to financially support the other party after separation or Sunshine Coast divorce. It is not automatic and requires either agreement or an application to the Family Courts. If you are in receipt of an income test pension, allowance or benefit, or your income is significantly lower than that of your former spouse, you may be eligible to apply for spousal maintenance.
When is the best time to contact a Sunshine Coast Family Lawyer?
Sometimes we can spend a lot of time and emotional energy trying to negotiate with a former spouse or partner, and even though we think that this negotiating is a good idea and saving money, if you have tried this approach and you’re still “standing still” then you need to consider a Sunshine Coast Family Lawyer.
This is true in both parenting and property division matters. In parenting matters, it’s important to remember that separation on its own will have a long lasting impact on your children; failing to resolve conflict quickly could have more serious consequences for your children. In property division matters, if you know that there is no prospect of reconciliation, deal with your asset division quickly.
We often hear clients saying what their assets were worth at separation, however the courts will take into account the value of assets at the time of settlement, even if it’s 2 years later (this includes any increase in the value of your superannuation).
Do I really need a Sunshine Coast family lawyer? Can’t I do it myself?
When you need your car fixed, or your house painted, chances are that you are going to try and find a good affordable mechanic or a reputable painter. This is because you know that what needs doing is outside your area of expertise. It doesn’t mean you can’t fix the car or paint the house, but you know that it’s not going to be a professional job and you might have issues with the work that you’ve done.
Hiring a solicitor / lawyer is the same. An experienced Sunshine Coast Family Lawyer has not just studied family law, they have been at the coalface of family law, representing clients for negotiations, mediations and in court hearings. They understand the complexities of the law and the way the Courts work. They know how the courts have dealt with matters that have similar facts to yours, and they know how to source the best external experts (such as valuers, therapists etc) who can best assist you.
Most importantly, they understand how important it is for you to find a resolution that works for you.
How can I save on legal fees & cost with a divorce / Sunshine Coast family lawyer?
The best way to save on legal fees and cost is to consider a mediation rather than going to court. Mediations allow the parties to air their grievances in a “safe” environment (what happens at mediations remains confidential and it allows them an opportunity to canvas creative solutions to their problems.
One the important things that you should consider about mediation is that the parties are in control of the outcome. Once you are in family court and heading for a trial, you are going to have to accept a decision from a Judge who does not know you, your former spouse or partner, your children or your extended family.
For a mediation to be successful both parties must be willing to attend and willing to compromise. But it works!
I want to take the children and move interstate to be with my new partner.
The first thing you need to do is to try and negotiate this with the other parent. At least they will know what your intentions are, and you will know how they feel about it. If the other parent does not agree, and you simply take the children and leave the State, your partner can make an urgent application to the court and ask the court to make a “recovery order”.
In almost all cases, the court will make such an order, ordering you to return with the children. If you do not return with the children, the court has the power to order the Federal Police to locate the children and return them to the care of the other parent. A safer and more sensible option is to make an application to the court seeking an order to relocate interstate (or in some cases, overseas).
The court always has to be satisfied that it is in the best interests of the children and it will take into account varying factors when considering your application. Many of these applications are successful.
My ex thinks they can make all of the decisions about the children…
…just because I’ve moved out. What can I do? Unless there is a Court order to the contrary, there is a presumption that parents have equal shared parental responsibility for all major long term decisions about their children. This generally relates to where the children go to school, about major medical decisions, where the children live and religion.
If the other parent is making unilateral decisions about major parenting issues, then you should consider getting us to write to them, and entering into negotiations about future parenting decisions. Of course, this presumption of equal shared parental responsibility can be set aside by the court if there is concern that the children are at risk in the care of the other parent, or if there is an Intervention Order/Domestic Violence Order.
My former wife/husband wants some of my superannuation…
I have worked for the whole of our marriage and I have a large superannuation fund. My former wife/husband just stayed home and raised the children. Now she/he wants some of my superannuation…
Superannuation is an asset that was accumulated during the relationship, and it will be treated as an asset. However, it is dealt with differently and in particular this is because it is more of a financial resource – particularly if the parties are many years from retirement age.
One of the main differences between superannuation and other assets is that you cannot convert it to cash and divide it. In many cases, the total superannuation interests of both parties will be equalised – so if you have $180,000 in your superannuation fund and your former spouse/partner has $20,000, then you are both likely to end up with $100,000 each. This can only be done by a court order or a financial agreement and is called a “splitting order”.
Of course it is not compulsory to “split” superannuation and there are other ways to divide up the asset pool.
My parents gave us money for our home and want it back. My ex won’t agree…
My parents gave us money towards our first home. Now that we are separated, my parents are saying that they want that money back when the house is sold. My ex won’t agree…
This question often arises. The answer is not a simple one and there are many questions that might follow; was the money characterised as a gift at the time? If so, your parents are unlikely to recover it. If it was characterised as a loan, then they may need to provide evidence (for example, a written loan agreement or a sworn affidavit with evidence of the payment).
The length of the marriage or relationship is also a consideration for this question – for example, if your marriage has been a long one, it is unlikely that such an initial contribution will be recoverable.
I am sure that I am paying too much child support, but I can’t get any help…
I am sure that I am paying too much child support, but I can’t get any help from the Child Support Agency…
Are you paying too much child support? Do you think you should be paid more child support? We offer a set fee review by a child support lawyer to determine whether you are eligible to make an application for a change of assessment or any other application which will improve your assessment.
We can assist you to navigate through your options to ensure that you are and will continue to achieve the best possible outcome. Our lawyer Tracy Bland has had considerable success in achieving both refunds in the case of overpayments and assessments, including penalty charges.
Do I have to wait for a year to get divorced?
Since 1975, it has been the law that married couples cannot file an Application for Divorce until they have been separated for 12 months. If you reconcile during that separation and then separate again, then you must start the time again from the date of the second (or last) separation.
Once you file an application for divorce, it will be given a hearing date and you must then take steps to personally serve your husband or wife. If you are unable to effect service, then the divorce hearing cannot proceed. If you do not know where your spouse is living, we can help you locate him or her so that they can be served. We can also assist you to make submissions to the court to hear your application if you are unable to locate your husband/wife and serve them. So if you need a Sunshine Coast Law Firm without the cost of gold plating, contact us.
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508/6 Wharf St
Maroochydore QLD 4558
1800 329 090
If you’re in Queensland then we may be able to service you.
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