Family Law & Mediation

At the end of a relationship people are often unsure where to start and what their rights, entitlements and obligations are. We provide practical and legal advice on matters such as property division, spousal maintenance and superannuation splitting.

If you have already reached an agreement but are not sure what to do next, we can advise you on the most appropriate and cost-effective way to formalise your agreement for your specific situation. We also offer a range of alternative dispute resolution and mediation services to assist you to reach agreement with the other party. We consider litigation a last resort in most cases, focusing on out-of-court settlement as a more satisfying and cost-effective way to settle a property dispute.

Property settlements

We advise on:

• Division of assets and liabilities
• Spousal maintenance
• Superannuation splitting
• Formalising agreements by consent orders or binding financial agreements

Our aim is to reach an agreement without court where possible. If court is unavoidable, we will represent you through the process.

Children's and parenting arrangements

Creating arrangements for children following the breakdown of a marriage or de facto relationship can be stressful. We assist our clients to adopt a conciliatory and constructive approach to minimise conflict between the parents and ensure that a positive relationship between both parents and the children is maintained.

We assist parents with arrangements for all aspects of the care and welfare of their children, including:

• who the children will live with or spend time with and how often;
• schooling arrangements;
• medical necessities;
• specific arrangements for special times such as school and Christmas holidays, birthdays and the like;
• travel arrangements;
• children's names; and
• relocation.

As with financial matters, we consider litigation a last resort in most parenting cases, focusing on out-of-court settlement as a more satisfying and cost-effective way to settle child-related proceedings.

Binding financial agreements

Married and de facto couples, including same-sex couples, can enter into a binding financial agreement before, during or after their relationship. Financial agreements are sometimes also referred to as pre-nuptial or post-nuptial agreements for married couples. These agreements can cover many aspects of a married or de facto couple's financial circumstances, such as asset ownership and division, asset protection and spousal maintenance. We can draft binding financial agreements and can provide advice about the terms of a financial agreement that has been prepared by the other party. We advise on the advantages, disadvantages and effects of entering into a binding financial agreement, and provide advice about whether other alternatives may be more appropriate in your situation.

Divorce

When considering divorce, there are various conditions and important time limits imposed by the Family Court that you should be aware of. We assist clients in determining if you have met these conditions and time limits. We can also assist you in deciding if your divorce application should be made solely or jointly. Our lawyers can assist you preparing a divorce application, or responding to one if you have been served by the other party.

Mediation

We encourage our clients to genuinely attempt to resolve their dispute prior to commencing proceedings in the Family Court. The Family Court generally expects parties to a family law matter to try and resolve their dispute before they make an application to the Court. For example, before you begin a children's case, except in limited circumstances, you will need to attempt to negotiate an out-of-court solution with the other party.

Additionally, the Family Court usually requires parties in a financial case to either attend, or outline why they have not attended, some form of alternative dispute resolution such as mediation before the Court will schedule certain court events and hearings. That is, if you have not attended, or at least tried to attend, mediation before commencing proceedings, the Court may simply adjourn your matter until you have done so.

Both Amanda Thomas and Ben Gatter are qualified to represent you during family dispute resolution or mediation. Additionally, Ben is a Nationally Accredited Mediator through the Australian Institute of Family Law Arbitrators and Mediators and is able to act as a mediator chairperson in a property settlement dispute. Ben is also able to act as a mediator in a children's matter that has already commenced proceedings in the Family Court.

Mediation fees

• Property dispute mediation – $1,500 plus GST per day, maximum 7 hours, including intake sessions, for property disputes with asset pools up to $750,000.
• Parenting arrangement mediation – $290 per hour plus GST, capped at $1,450 per day, for parenting arrangements for matters already commenced in the Family Court.

Ben can facilitate mediation at off-site facilities if appropriate and agreed between the parties and/or their solicitors. He can also conduct mediation outside of the Perth metropolitan area if it is more convenient for the parties.

For asset pools over $750,000, mediation in relation to children's matters that have not yet commenced in the Family Court, or if you have any further queries, please contact us at admin@thomasgatter.com.au or via telephone to (08) 9378 2231.