EXECUTIVE FAMILY LAWYERS

We provide a specialized services in family law with a focus on child custody and property disputes.

We also offer expert advice in the areas of de-facto relationships, same sex relationships, surrogacy, parental alienation, Father’s rights, international relocation, dowry and international property settlements.

As a client of Executive Family Lawyers, you will receive clear, succinct advice and guidance which is pragmatic, commercial and tailored to your specific circumstances.

We understand that your separation is a traumatic period that has serious impacts on your children, your work and your mental  health.

We provide personal, approachable and affordable support to get you through the hardest parts of your family law matter. Our serives can be as simple as some advice over the phone to a protracted Family Court Battle.

We also understand that certain disputes require the intervention of the courts, including on an urgent basis. In those circumstances, we represent our clients through the court process until a satisfactory resolution of their disputes is determined by the Family Court of Australia or other applicable jurisdiction.

Our Family Law team can advise and represent you in the following areas:

    • Divorce proceedings
    • Prenuptial agreements (“pre-nups”)
    • Separation agreements
    • Spousal maintenance
    • Property and financial settlements
    • Parenting and child arrangements
    • Child support and maintenance
    • Child protection & relocation
    • Domestic violence and AVOs
    • Guardianship

REQUIRE URGENT FAMILY LAW ADVICE?

Call Adam Jones on 0449 802 772

                                                             Adam Jones- Family Lawyer 

Adam is one of the founding partners of Executive Legal established in 2016 and has been practicing in the area of family law since 2011. His dedication to the principals of justice and a fair go for mum’s dads and carers in the family law jurisdition have guided his career.

Adam prides himself on being an excellent listener, creative litigant and pragmatic negotiator and applies these key skills to all matters in his practice.

Adam’s particular areas of interest include complex property disputes, parental alienation, parenting cases involving allegations of domestic violence, international surrogacy and family dispute resolution.

Adam appears on a daily basis in the Family Court of Australia, Federal Circuit Court of Australia and the Care and Protection jurisdictions of the Local Court of New South Wales and District Court of New South Wales.

Prior to founding Executive Legal, Adam worked for the prestigious commercial practice Boyd House & Partners under principal and accredited personal injury specialist, Kevin Emanuel, where he managed the family law practice for high net-worth individuals.

Adam is a mentor for young lawyers through the Law Society of New South Wales and provides pro-bono legal advice for the Inner City Legal Center and the Gay and Lesbian Legal Service.

 

Professional memberships

  • Law Society of New South Wales
  • NSW Yong Lawyers Society

We operate on a fixed fee basis

DIVORCE

Marriage – You must first satisfy the court that you have a valid marriage. A marriage certificate, with a sworn translation into English, if necessary, will suffice. If you do not have a copy of a marriage certificate or require translation, our divorce lawyers can usually arrange that for you. If no marriage certificate is available, the court may require you to give some alternate evidence of the marriage prior to granting divorce.

Jurisdiction – The court only has power to grant a divorce if either party has one of the following attributes:

  • Regards Australia as home;
  • Intends to live in Australia indefinitely;
  • Has lived his or her whole life in Australia;
  • Is an Australian citizen; or
  • Ordinarily lives in Australia and has lived in Australia for the 12 months prior

DE-FACTO SEPARATION 

According to the Family Law Act you are in a de facto relationship with another person if you are not legally married to each other, you are not related by family and you have a relationship as a couple living together on a genuine domestic basis. In assessing if you are living together on a genuine domestic basis, the Court may look to:

  • the duration of the relationship;
  • the nature and extent of common residence;
  • whether a sexual relationship exists;
  • the degree of financial dependence or interdependence and arrangements for financial support;
  • the ownership, use and acquisition of their property;
  • the decree of mutual commitment to a shared life;
  • whether the relationship is or was registered under a prescribed law of a State/Territory;
  • the care and support of children; and
  • the reputation and public aspects of the relationship

PROPERTY AND FINANCIAL SETTLEMENT 

When you separate, one of the most important questions is how your property, superannuation and financial resources will be divided. The term given to the alteration of property interests after separation is “property settlement”.

Our lawyers have considerable experience and expertise in negotiating property settlements including disputes involving complex company or trust arrangements.

While we see court as a last resort and will use our skills to guide you through a negotiated outcome, sometimes court may be the only option. Our lawyers are expert in collaboration, negotiation, mediation and litigation.

CHILD SUPPORT 

Child support is generally payable in accordance with a formula contained in the Child Support (Assessment) Act 1989. Different formulas apply depending on the circumstances of the parents. Either parent can ask the Department of Human Services (“DHS”) to make an assessment of the amount payable, and the assessment is enforceable.

If a parent wants to vary a child support assessment, he and/or she must usually apply to a child support review officer of the DHS. There are limited circumstances in which a child support assessment will be varied.

The Family Court 

A variation from a child support assessment can also be made by the Family Court if there are proceedings pending in the Family Court.

The Family Court can also make orders regarding child support if:

  • The parents separated before 1 October 1989;
  • The child is over 18 years of age; and/or
  • The prospective payer lives overseas and is not covered by the child support legislation.

Child Support Agreements 

As an alternative to applying for a child support assessment from the DHS, parents can enter into different types of child support agreements. These can be either long term or short term agreements. In general, both types set out the level of financial support to be provided by one parent to the other for the children and how that support is to be paid. For example, agreements can provide for an amount of child support to be paid periodically and/or set out how expenses such as school fees are to be paid. Child support agreements can be registered with the DHS, making the consent arrangement enforceable.

If a parent receives a Social Security payment or lives overseas, special rules may apply.