博通是2023/24年度家庭法律师(离婚律师)
博通是2023/24年度家庭法律师(离婚律师)
离婚分居不可怕，悉尼博通律师事务所专精婚姻家庭法，有丰富的谈判和上庭经验。妥善处理离婚手续，财产分割，子女抚养等事。助您开启人生新篇章。
博通律师事务所专精家庭法，有丰富的谈判和上庭经验及胜诉案例，为大量悉尼客户取得过澳洲全部资产和独一抚养权。婚姻家庭法财产涉及公司，信托，债务，投资，海内外财产取证。离婚时的纠纷涉及您一生积累的财富和宝贵与子女共度的时间，您需要一位真正专业的家庭法律师（离婚律师）为您提供建议。
专业家庭法离婚律师：
- Successful settlements saving clients substantial legal fees
- Successfully represented several billion-dollar cross-border property division cases
- Obtained all the family property in Australia for clients on many occasions
- Many times for the freezing and recovery of the property transferred by the other side
- Successfully obtained sole custody of children for our client
- Successfully dismantled the use of trusts to conceal family property.
- Successfully obtained costs orders in the Family Court in favour of our clients
- Efficient and accurate drafting of all types of property agreements and consent decrees
- Lead solicitor responds to client's questions in writing within 24 hours
Solicitor
Sean Li
Principle Solicitor | Partner
Sean Li specializes in family law, possessing extensive experience in negotiation and courtroom proceedings with a substantial record of successful cases. If your marital or cohabitation status undergoes changes, it is crucial to consult with a professional family lawyer. You have only a few chances, and everything you do in this highly emotional moment will impact the future progress of your affairs; avoid actions you may regret. Broaden Legal has the most professional family lawyers, and Mr Li has significant practical experience in Federal Circuit and Family Court. Mr Li provides practical advice in simple language and is committed to handling your issues in a cost-effective manner.
Contact by:
| WeChat: | SeanLiSolicitor |
| Email: | admin@broadenlegal.com.au |
| Text: | 0405 313 999 |
Scan QR code and talk to us
Testimonials
Y Liu
F H
C Wang
S Zhang
J Shen
W Xu
H Fallon
S Wang
J Shen
V Zhuo
分居离婚不可怕，妥善处理家庭法纠纷，让我们助您渡过难关
Broaden Legal's family lawyers have extensive experience representing clients in handling the following types of cases:
- Financial Agreement
- Financial Settlement
- Assets Protection
- Partial Property Settlement
- Parenting Plan
- Parenting Responsibilities
- Child abduction
- IVF/Surrogacy
- Divorce
- Establish De Facto Relationship
- Deny De Facto Relationship
- Mediation/FDR
FAQs
When your marriage/de facto relationship breaks down, in order to officially "separate" you must not only consider yourself separated from your spouse, but you must also communicate your intention to separate in writing to your spouse. Once separated, there are a number of behavioural changes you will need to make in order to ensure a smooth divorce, for example: you should stop sleeping in the same room or bed as your spouse, you can notify your friends and family that you are separated, cancel or stop using joint accounts or credit cards, and stop travelling together.
If you are concerned about your safety, you should contact the police. If you move out of the house, you will not automatically "lose your rights" to the property, but there may be consequences that negatively affect your case. Before you take this step, talk to a specialist family law solicitor (divorce solicitor) about the implications of moving out on the distribution of property, custody, maintenance and support. Once you and your partner have separated, in order to preserve your property pending the distribution of property, ensure a smooth division of property, protect your children from being taken out of Australia, and gain a favourable position in the Family Court in the future, you will need to take decisive and sensible action, including:
1. withdrawing some money from a joint bank account for a period of time to cover living expenses and legal fees (in relation to the division of property, alimony or support)
2. changing email passwords or setting up new email accounts (for evidence, family court appearances)
3. contact your bank to make sure that neither of you can draw down the mortgage without a co-signer, that all cheques are signed by both of you, and that all withdrawals from all accounts are authorised by both of you (property preservation, property distribution related)
4. request that you receive all correspondence relating to your accounts directly from the bank if you have not already done so yourself (evidence, family court appearances)
5. remove any items from the house that are important to you or to which you are attached.
6. if your partner leaves the matrimonial home, you may wish to change the locks. Discuss this with a specialist family law solicitor (divorce lawyer) beforehand (domestic violence, property preservation and division related).
7. collect/copy as many financial documents as possible (property preservation, property division related)
8. make copies of your marriage certificate and the children's birth certificates (custody related)
9. take away the child's passport (custody related)
10. let the children's school know what is happening so that the children can get the necessary support they need (custody related)
11. if possible, keep communication between you and your partner open and separate as amicably as possible (custody related)
12. don't talk badly about your partner in front of the children (custody related)
13. Do not make any threats, intimidate, send offensive text messages or offensive voicemails to your spouse. If you do, then your spouse can get a restraining order for violence and the information will be used as evidence against you. (Domestic Violence and Dependency Related) Don't sign anything! Take all the documents to a specialist family law solicitor (divorce lawyer) first to read them carefully so that you can get advice. Make an appointment to see a specialist family law solicitor (divorce lawyer) and, if necessary, a psychologist for the support you may need. There are often many things to consider and decisions to be made at this stage. If there is no risk of domestic violence, in order to speed up the progress of a family law settlement for divorce, property division, custody, alimony and support, the separation can be done by discussing with the other party: who will live where; who will pay for what; with whom the children will live; arranging when you or your spouse will visit the children; child support; alimony (if you or the other party are unable to support yourselves)
In Australia, the law is not based on the fault of either party. Proving that a marriage has broken down irretrievably is done by showing the court that you have lived apart for at least 12 months. If you have been living apart but under the same roof for 12 months, you will need evidence from a third party (this could be your parents or family members) to establish that you have been living as a separated couple during this time. The court charges a filing fee to file a petition for divorce. You can prepare a divorce petition alone or jointly with your partner. You can apply for a divorce in Australia if you or your partner meet the following conditions:
1. consider Australia their home and intend to live in Australia indefinitely; or
2. were Australian citizens by birth, honour or acquisition of Australian citizenship; or
3. ordinarily reside in Australia and have done so for 12 months before applying for divorce. When you lodge your divorce application, the Court will appoint a hearing date, usually around 3-4 months after you lodge your application. If your divorce application is successful, the Court will grant the divorce. The order becomes final one month and one day later. The court will then issue you with a certificate of divorce. You will need to keep your divorce certificate if you want to prove that you are unmarried or want to remarry or change any of your identity documents. If there are no children under the age of 18 in the marriage, you do not need to be present at the court hearing, whether you are filing on your own or jointly. If you are making a joint application and there are children under 18, neither you nor your partner need to attend the hearing. However, if you are making your own application and have children under 18, you will have to attend the hearing. The court will need to be satisfied that appropriate arrangements have been made for one or more children of the marriage. Even if the Court is not satisfied that suitable arrangements have been made for the children, they can still grant a divorce in limited circumstances.
We are experienced in international divorce law. You will need a copy of your marriage certificate to file with your divorce petition.
A de facto cohabitation relationship may exist between two persons of different sexes or between two persons of the same sex. A de facto marriage may also exist if a person is still married to another person or in another de facto relationship. The Family Court will consider the following to determine whether a cohabitation relationship is a genuine family-based cohabitation: the duration of the relationship; the nature and extent of the cohabitation; whether there is a sexual relationship between you and your partner; the degree of financial dependence or interdependence, any financial support arrangements between you and your partner; the ownership, use and acquisition of your property; the extent of your mutual commitment to living together; the care and support of your children; your ability to fulfil your obligations to the family; and the extent of your commitment to the family. care and support of children; household chores you perform; and public reputation and relationships.
When family law distributes property, there may be disagreements between you and your partner (most often the one with more property) about whether there is a genuine cohabitation relationship. However, the Court will still have the power to make a division of property and spousal support order if it is satisfied that one of the following applies: that your cohabitation has lasted for at least 2 years; that there is a child in the cohabitation; or that you or your partner has made a significant financial or non-financial contribution to your property, or that, as a housewife and parent, it would be a grave injustice to you or your partner if the order were not made.
A property agreement is an agreement recognised by the Family Law Act which provides for the division of assets, liabilities and financial resources between spouses in the event of separation. Property agreements can be made between married or cohabiting partners, before, during or at the end of a relationship. The purpose of a property agreement is to exclude the jurisdiction of the court in respect of any matter that is the subject of the property agreement. For example, if the financial agreement relates to the division of property, the court cannot deal with a dispute between the parties about the division of property unless the property agreement is first set aside by the court. Matters that are usually included in financial agreements include: property division; pension provisions; and spousal support. For a property agreement to be binding, both parties need to have received independent legal advice, and the agreement must be accompanied by a statement that the parties received legal advice before signing the agreement.
Property agreements may also be overturned by the courts in the future. This can be for reasons such as fraud, duress, or failure to honestly disclose assets. If you cannot reach an agreement on the division of your property, you will need to apply to the court for a property settlement. You must show the court that you have tried to resolve the issue through the "pre-litigation process. If you file a Petition for Distribution, it does not mean that your case has to be heard by a judge. You can still reach a settlement at any time during the court process. There are four basic steps the court will take when determining the division of property. This involves listing all the assets and liabilities of the parties or one of them. This has nothing to do with where the assets came from. If you had property before you were married, it will still go into the pool. If you received an inheritance after you separated, it will also be included in the pool (please consult with one of our specialist inheritance solicitors to find out how to protect your estate from distribution). Each item in the pool needs to have a value assigned to it - either by a third party valuer or by agreement between the parties. Assessing the parties' contributions Family law (matrimonial law) places a value on each party's contribution to the acquisition, protection and improvement of the assets in the pool, including financial contributions (direct and indirect), non-financial contributions (e.g., renovation of the home) and contributions to the welfare of the family (homemaking and child rearing).
The assessment of future needs factor determines whether any adjustments need to be made to either (or both) parties in accordance with section 75(2) of the Family Law Act. This step is also known as the parties' "assessment of future needs factor". Here the court looks to the future to see what further adjustments, if any, should be made to either party, as not all situations are equal. The court will consider the future needs of both parties, taking into account issues such as each party's health, income disparity, earning capacity, proportion of care for children under 18, and financial resources. Equity of Distribution looks at whether the distribution of assets between you and your spouse is fair and equitable.
At each step of the way, our specialist family law solicitors (divorce lawyers) have extensive experience of taking evidence, tracking the movement of the other party's assets, assessing the assets in your favour and persuading the court to find a contribution in your favour.
1. Your solicitor is not an solicitor (divorce lawyer) who specializes in family law;
2. Your attorney is not an solicitor (divorce lawyer) who specialises in family law
3. your case does not have a well-thought-out strategy.
4. your solicitor does not understand your case and is not prepared to go to trial.
5, your current solicitor is a friend of the other side.
6. your opinion is not considered seriously by your solicitor.
7, your case is not up to date and progressing
8, Your attorney's fees are not transparent and always over budget You should consider changing attorneys. If you currently have an solicitor and you don't know your strategy, then this should be a wake-up call.
Having a strategy is the key to your success. Your family law file belongs to you, not your lawyer. If you have paid all of your bills, they must turn over any documents related to your case. Remember, you only get one chance to divide the property and fight for custody, and once the court makes a final order or a legally binding agreement is signed, it is usually too late. You may be nervous about changing lawyers after the family law process has begun. You may think that no one knows your case better than your current family law attorney because they have been with you from the beginning. But the truth is that your family law case and details are all in your file.
When you change solicitors, your file will be transferred to your new family law solicitor (divorce lawyer). In order to minimise your worries, Broadcom Family Lawyers (Divorce Lawyers) will not charge you for reading the documents that have been produced. No one knows the facts of your case better than you do, so if you need any information, you are the best source to get it.
You can call and seek the advice of one of our specialist family law solicitors (divorce lawyers). We offer a free telephone discussion to see if we can help you. So it is worth calling us even if it is just for your own peace of mind. We will charge a consultation fee for a meeting after the phone call. However, we do not charge for reading the documents and papers that your previous solicitor (or you) provided us with, so that we can speed up the processing of your matter in time for the consultation. You need expert guidance. We know all the tricks of the family law trade-offs and custody battles, as well as the various avenues of negotiation and discovery.
Our goal is to get you the best possible outcome. The first thing we do is develop a strategy based on your claims and best interests. For example, if your need is to prove that the other party has transferred a significant amount of property so that all Australian assets should go to you, or to keep a particular house, or so that your children can continue to live with you, we will build our strategy around getting that result for you. We work with you and we believe that clear communication in the first instance can save you money and time.
No two families are the same. In family law, it is crucial to consider the best interests of the children. Generally, in most cases, separation does not affect parents' responsibilities toward their children. Custody and visitation rights of the children are essential aspects of parental responsibilities, typically involving several determinants such as:
1. Living arrangements: Where the child resides and with whom.
2. Visitation time: Arrangements made for spending time with the child for parents who do not usually reside with them.
3. Communication: Arrangements for the child to communicate with parents or third parties through phone, email, or written correspondence.
Special provisions: Any matters that need specific mention. This may involve issues related to the child's education, upbringing, medical care, and any other matters concerning you and your family. If you have indeed reached an agreement and wish to formalize it through a court order, you can seek a Consent Order related to custody to formalize the agreement. Before initiating court proceedings, both parties must complete the formal family law mediation process, which includes participating in a mediation session facilitated by a qualified mediator. The family court considers the principle of acting in the best interests of the child when determining custody and visitation arrangements.
You can use the calculator on the Child Support Assessment Agency's website to investigate the amount of child support you may pay or receive: www.csa.gov.au Informal Child Support Agreements: Sometimes parents do not want to use the Child Support Agency. You are free to do this, but both parties always have the right to go to the Child Support agency for an assessment in the future. Binding Child Support agreement: This Child Support agreement can be used to "lock in" child support. Both parties must get independent legal advice on this agreement before it becomes binding. The agreement will remain in force until each child reaches the age of 18. In order for a Child Supportagreement to be binding and enforceable, it must comply with very strict requirements set out in family law. A binding Child Support agreement can only be cancelled by agreement between you and your ex-spouse or by a court order. Limited Term Child Support Agreement: This agreement generally fixes Child Support for a period of 3 years. The terms of a new agreement will then be renegotiated or decided by the Child Support agency.
Family law not only provides a broad definition of what constitutes domestic violence and abuse but also recognizes that domestic violence can take various forms, including physical, verbal, psychological, and economic behaviors by one party towards another. Moreover, it instructs the court to give greater consideration to protecting the needs of children when considering the best interests of the child and allegations of domestic violence or abuse, aiming to prevent children from physical or psychological harm, neglect, or exposure to domestic violence.
The concept of domestic violence is not solely related to physical abuse and bodily harm. It also includes intentionally damaging property, controlling, tracking, intimidating, or harassing, or threatening to engage in such behavior. If you are concerned about your safety, you can report to the police or apply for an Apprehended Violence Order (AVO) from the local court. An AVO can be obtained in emergency situations.
If the other party violates these orders, it may lead to their arrest or even imprisonment by the court. In cases of domestic violence, the presumption of shared equal parenting time and custody is no longer applicable. The court will make decisions based on the best interests of the child. If you or your spouse is seeking sole custody of the child due to domestic violence, for the safety of yourself, your family, and your desire to obtain (or avoid losing) custody of the child, it is crucial to contact a professional family lawyer as soon as possible.
Whether someone has experienced domestic violence or is the subject of domestic violence allegations, obtaining legal advice from a professional family lawyer (divorce lawyer) is crucial. When issuing parenting orders, the family court must issue orders that are in the best interests of the child or children. The court is directed to consider primary and additional considerations, including the benefits to the child of meaningful relationships with both parents and the necessity of protecting the child from actual or threatened domestic violence or abuse.
The family court must carefully consider allegations of domestic violence and abuse, as well as any domestic violence orders. In cases involving domestic violence allegations or incidents, it is often possible to apply for an Apprehended Domestic Violence Order (ADVO) from the state court. This court can impose conditions on one party, including restrictions on approaching the other party or children, limiting attendance at certain locations, or imposing additional conditions.
If it can be proven that domestic violence has led to one party being unable to make the appropriate contributions, domestic violence may also impact property distribution.
You should seek the consent of the other party's parents before relocating. If the other party's parents do not agree, you will need to apply to the family court for permission to relocate. We recommend carefully considering what will happen in the proposed new residence so that you can convince the court that you have made adequate arrangements for the child's housing, education, etc. Additionally, you will need to demonstrate to the court that you have arranged proper contact with the other party's parents to avoid unduly depriving them of time with the child. Like all parenting issues, the family court will consider what is in the best interests of the child, but the court will also give due regard to the wishes and circumstances of the parents.
If a child is wrongfully taken within Australia, you can urgently file an application for recovery order with the Family Court. Every year, many children are wrongly taken out of Australia. If they are moved to a country that is a signatory to the "Hague Convention" parents can ensure the child's return to Australia through effective procedures.
The "Hague Convention" generally seeks to ensure that children remain in their habitual country of residence. The central authority (a department of the Department of Communities in most cases) typically assists parties in handling applications of this nature. However, if the child is wrongfully moved to a country that is not a signatory to the "Hague Convention," the process of securing their return becomes more complex. In such cases, it is advisable to contact a professional family lawyer (divorce lawyer) to discuss the best course of action.
Broaden Legal Family Lawyers have provided services to many Mandarin-speaking clients who were born, live, and/or work overseas, including in mainland China, Taiwan, Hong Kong, Southeast Asia, etc. Broaden Legal Family Lawyers communicate with our Mandarin-speaking clients in their native language using platforms like WeChat, Line, and others. We have extensive experience in handling cross-border property division, property transfer, asset preservation, and custody disputes. We have successfully represented numerous clients in securing full property rights and custody rights in Australia. Our international family law expertise includes property agreements spanning Australia and various countries, complex financial settlements involving options, stocks, trusts, and pensions, international divorces, and disputes over transnational custody.