Practising exclusively in Family Law700x720

Family Lawyers in Malvern

Welcome to Lopes Family Law

Lopes Family Law is a firm practicing exclusively in Family Law.

We offer legal services in all areas of family law including settlements, mediation, divorce, property, children’s matters, financial agreements and intervention orders.

We will provide you with all the legal information and advice you need to make informed decisions and to help you get through the separation process.

Located conveniently in Glenferrie Road, Malvern, we invite you to contact us to arrange an initial appointment.

We offer a broad range of

FAMILY LAW SERVICES

MEDIATION

HAGUE CONVENTION MATTERS

CHILD SUPPORT

ARRANGEMENTS FOR CARE OF CHILDREN

FINANCIAL AGREEMENTS

INTERVENTION ORDERS

DIVORCE

PROPERTY SETTLEMENTS

CONSENT ORDERS

SPOUSE MAINTENANCE

OUR PEOPLE

Jason Lopes Family Lawyer Malvern

Jason Lopes

Principal

Shanie_Dowling-removebg-preview

Shanie Dowling

Solicitor

Fardina_Ahmareen-removebg-preview

Fardina Ahmareen

Legal Assistant/ Paralegal

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    5 days a week from 9:00am to 5:00pm

    03 9500 2299

    Frequently Asked Questions

    FAQ’s

    What do I need to prepare for my first interview for property settlement advice?

    Solicitors who practice in this area will ask you for the relevant information (to provide a preliminary advice) at the first interview. If additional information is needed, it can be obtained after the first interview.

    Prior to the first meeting it is worth thinking about:

    (i) key dates, including dates of birth, co-habitation, marriage and separation;

    (ii) details of any significant financial contributions made by either of you or anyone on either of you behalves;

    (iii) what each of your assets, liabilities and superannuation consist of currently (with estimated values);

    (iv) what each of you had (in terms of assets, liabilities, superannuation and resources) at the commencement of the relationship;

    (v) details of each of your financial, non-financial and homemaker and parent contributions through-out the marriage; and

    (vi) any matters that would affect either of your earning capacities going forward and what you expect the ongoing arrangements for the care of the children will be, including the level of child support you will likely receive or pay.

    Noting that every circumstance is different and that the information sought will depend on your particular circumstances.

    Do I need to be divorced before I can agree or seek a property settlement or spouse maintenance?

    No

    Why is a mediation worth considering?

    There are many alternative dispute resolution options.

    A mediation convened by a Senior Family Law Barrister can act as a circuit breaker in some circumstances, leading to agreement being reached between you and your former partner.

    Having an independent expert review your situation can assist you and your former partner to: understand your options, assess the strengths and weaknesses of your positions and consider possible solutions.

    How much child support will I receive or be required to pay?

    The child support agency website has a calculator that enables you to get some idea of what periodic child support you would receive or be required to pay, in a usual, fairly straightforward, situation.

    What happens at the first return date (at court) of an Intervention Order Application?

    The first return date (when both parties are present) is usually an opportunity for yu to discuss a possible resolution to the Application. It is unusual for a First Hearing to take place on that day.  If the matter continues to be contested, then it will usually proceed to another court date.  It is prudent to have a representative at the first return date

    Can I agree ongoing child support with my former spouse or partner?

    Yes. However, you may want to (and in most circumstances you should) reflect any agreement in either a Child Support Agreement or court Orders, to ensure it is binding.

    Does a Financial Agreement deal with what is to occur between myself and my partner upon the death of either of us, whilst we are together?

    No, a financial agreement only deals with what happens if you and your partner separate. You need to obtain advice from a Wills and Estates expert on what will occur upon either of your passing, whilst you are together.  They will give you advice on your circumstances and any steps you may need to put in place eg. a Will and an appropriate binding superannuation nomination.

    Can I resolve my matter quickly, amicably and cost effectively?

    Many couples obtain separate legal advice and then have discussions between themselves (informally or through some form of alternative dispute resolution like counselling, discussions between solicitors, a round table conference or a mediation) and agree a property settlement and children’s arrangements.

    For any agreement to be binding it must be reflected in Consent Orders (with a Form 11 Application for Consent Orders) that are then filed at Court.

    Whether or not a resolution can be agreed promptly can depend on many factors.

    When should I involve a financial advsier and accountant, as part of the property settlement process?

    It is prudent to involve your accountant and financial adviser at all stages of the negotiation of a property settlement. Their advice is particularly important in determining what asset mix you will seek by way of property settlement and in obtaining advice on any proposed settlement to ensure there are no adverse tax, duty or charge consequences. A Family Lawyer cannot advise on these matters.

    Should I update my Will or get one?

    Yes. You should consult a Wills and Estates expert once you have separated to put in place a new (or a) Will. You should also obtain advice on other estate planning matters, including but not limited to, your binding superannuation nomination.

    USEFUL LINKS

    Relationship breakdown legal advice
    FamilyRelationshipsOnline200x300
    Hague Convention
    AIFLAM
    Dept Human Services
    Law Institute Victoria

    COURTS

    FederalCircuiteCourtBlue
    Family Lawyer for magistrates court