How We Work With You
We know that separation and divorce is a stressful and potentially confusing time – not to mention the worry about finances, children and ongoing arrangements.
Speak directly to Uma Nadarajah, Family Law Specialist, about your Family Law needs
Uma Nadarajah LLB (Hons) England and Wales, Accredited Family Law Specialist Law Institute of Victoria, Collaborative Law Professional, provides a sensitive and practical approach to all Family and De Facto law matters to give you the best advice and representation, with an aim to minimise the financial and emotional impact on you and your children.
Preliminary Phone Call
It all starts with our preliminary phone call, which is free to you. Speak directly with a lawyer from your very first call with us, and Uma will suggest your next steps and let you know if she can assist with your legal matter.
It all starts with our preliminary phone call, which is free to you. Speak directly with a lawyer from your very first call with us, and Uma will suggest your next steps and let you know if she can assist with your legal matter.
Engaging Know Family Law to Represent You
Once you have engaged Uma as your Accredited Family Law Specialist, you’ll receive a plan for your mediation, if applicable, and we continue to keep in touch with you each step of the way. Through mediation, negotiations, court proceedings (if necessary), and to the resolution of your matter.
What do to first:
If you have separated, or are contemplating separating from your spouse, you should first find out what your entitlements are in relation to property, spousal maintenance and child support, and what arrangements should be made for your children in their best interests.
Once you know your rights, we recommend the following strategies (steps/actions) to resolve issues in dispute:
- A face-to-face discussion with your spouse.
- If this is not possible, then a letter from us to your spouse with a proposal.
- If your proposal is accepted, then we recommend formalising the agreement by way of consent orders <link to description> or a financial agreement.
- If it is not accepted, then we can negotiate on your behalf in order to achieve resolution for both parties.
If negotiation is not successful, we may advise that litigation/court proceedings are appropriate.
Because Uma is collaboratively trained, you also have the option of resolving your matter collaboratively. See the Law Institute of Victoria (LIV) website for more information about Collaborative Practice.
Don’t go to mediation before you have spoken to Uma
Wherever possible, Uma supports her clients through the mediation process by making sure you have a useful and practical approach to mediation, including a desired outcome and a plan, rather than showing up unprepared and not getting to an outcome. Mediation, contrary to what many people might believe, is not just a ‘tick the box’ process. Many clients have had successful outcomes in mediation because they were prepared with what to request, and ready to discuss potential outcomes.
SEPARATION AND DIVORCE
Divorce is the legal dissolution of a marriage. Divorce proceedings only result in the obtaining of a divorce. They do not resolve property or parenting issues.
Separation is when you stop living together as a married couple and is required for 12 months before you can apply for divorce
PARENTING
The welfare of children is paramount in Family Law proceedings. Where they will live and how will they be taken care of, and more. There is no automatic rule that children should live with either their mother or their father after separation, and sometimes parents can agree on a ‘parenting plans’ whilst others require Court Orders
PROPERTY & FINANCIAL
The separation of property, finances and debts, superannuation, spousal maintenance and other incidentals all need agreement and we recommend formalising them through the courts either through Consent Orders, or Financial Agreements.
SPOUSAL MAINTENANCE & CHILD SUPPORT
Spousal maintenance is a payment by one spouse to another, usually made weekly or monthly, to provide for the necessary financial needs of the former husband or wife, where they are unable to support themselves after separation. Spousal maintenance is quite different to child support, which is intended for the support of the children and is governed by the Child Support Agency.
DE FACTO LAW
The Family Law Act allows for De Facto relationships to claim similar rights to married couples for property, spousal maintenance and superannuation.
SAME SEX COUPLES
Same sex couples who are married have the same access as heterosexual couples to Family Law in relation to property and parenting issues.
PLANNING A WEDDING OR MOVING IN
We help our clients planning or already married/ living together safeguard current property or finances before your wedding or moving in together. Perhaps you are a parent concerned about protecting your child’s assets as they enter a new relationship. A ‘Binding Agreement’ helps you be clear on what should occur in the event that you separate in the future. Knox Family Law can help you enter a Binding Agreement.
When it’s as important as your financial future and the care and support for your children, you need to speak to a lawyer straight away. Uma makes herself available via a preliminary phone call at no charge to you to offer advice based on your specific circumstances, and to see if we are a good fit to continue working together towards a resolution of your family law matter.