Legal Services
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At Kovacevic Lawyers we offer a range of legal services. We can help you with your Divorce, Property and Parenting Matters, Wills and Estates, Personal Injury Matters, Intellectual property. We also offer Public Notary Services. |
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Following separation from your partner, divorce can seem like a very daunting process. The decision to separate may or may not have been your decision and it is very common for clients to be unsure about the process going forward.
A Divorce Application in simple terms is an application made to legally end a marriage. This Application does not include Children and Property matters. To resolve these matters a separate Application and process is required. To be eligible to file a Divorce Application in Australia there are three requirements that must be met by either yourself or your former partner:
If the marriage has been less than two years, the Court will not grant the Application without a certificate from a counsellor confirming that you have attempted to reconcile. Contact us to find out more. |
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We understand that families take many forms, we have extensive experience in assisting clients when de facto and same sex relationships break apart.
Your de facto relationship, is recognised at law and carries with it generally the same rights as a married couple when it comes to property settlements and making arrangements for the care of your children. Generally speaking for your relationship to be considered a de facto relationship you and your partner must have been living together for at least two years. There are a number of other factors the Court will take into consideration when determining whether there is the existence of a de facto relationship. There is a time limit that applies to making Applications to the Court we strongly encourage you to seek advice sooner rather than later, to ensure you are able to preserve your rights. Contact us to find out more. |
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Reaching an agreement about where the children will live and the parenting arrangements following separation can be extremely difficult. While you can regain lost assets, you can never get back time lost with your children. The best interests of your child or children is the paramount factor in resolving all parenting matters.
If your matter requires Court proceedings to be instituted, the Court will consider the best interests of the child or children as paramount along with a number of other considerations to determine the parenting arrangements in your matter. We have the experience to deal with all children's matters and in particular complex children matters which can be particularly trying for you. Our experience extends to matters which involve:
We represent parents, carers and guardians, grandparents and relatives who may be involved in Parenting Matters. Contact us to find out more. |
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If your child has been removed from your care or has not been returned to your care after spending time with their other parent, an Application for a Recovery Order can be applied for.
A Recovery Order is made by the Court directing the return of the child into your care and authorises police to be able to assist in the return of the child if necessary. If your child has been removed outside of Australia an Application can be made for a Recovery Order under the Hague Convention. The Hague Convention is an agreement between member Countries that requires each Country to return a child to another member Country upon their request. Recovery Applications are treated with urgency. If your child has been removed or not returned to your care we can assist you with making an urgent Application for their return. Contact us to find out more. |
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If you have Court Orders in place, these Orders must be complied with by both parties. If one party is not complying with Orders this is called a "breach" and a Contravention Application can be filed. A Court can penalise someone for contravening an Order, if the other person files an Application alleging a breach of order or non-compliance with the Order.
There are several remedies that are available to you. We will advise you of the best option for you having regard to your individual circumstances. Contact us to find out more. |
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Dividing property after separation may seem like a daunting and confusing process. In limited circumstances you and your partner may be able to reach an agreement without the intervention of lawyers as to how your assets will be divided. In circumstances where the parties cannot, we are here to assist you in navigating through the process.
The first step in the property settlement process is to identify what the assets of the parties are and determine their value. Formal valuations may need to be undertaken to determine this. Next, we look at the financial and non-financial contributions of each of the parties. Thereafter, we consider the future needs of each of the parties. Once we have a clear picture of the facts, we can determine what a just and equitable division of the assets looks like. Simply put theses are the factors that a Court takes into account when determining your matter. In some matters during Property Applications it may be appropriate to include Enforcement Proceedings, Spousal Maintenance, Applications for Exclusive Occupation of the home and Applications for the Forced Sale of Assets. Contact us to find out more. |
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If you are struggling financially following your separation we may be able to file an Application for Spousal Maintenance. This is paid either in a lump sum and or weekly amount by one spouse to another and is in addition to any Child Support or Child Maintenance and financial settlement.
Child Support can be determined by agreement of the parties, by assessment by the Child Support Agency or in rare circumstances by an Order of the Court. If you are unable to reach an agreement with your partner about the amount of Child Support to be paid an Application is required to be made to the Department of Humans Services and a formula is applied to determine the amount of Child Support to be paid. Contact us to find out more. |
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When it comes to relationships, expect the unexpected. Binding Financial Agreements, often referred to as a prenuptial agreement are agreements that set out how you and your partners assets will be divided in the event that you separate. They are essentially like a contract between you and your partner. The object for the most part is to protect your wealth and potentially avoid the emotional and financial costs of a relationship breakdown.
This type of agreement puts the control in your hands. Couples can enter into a Binding Financial Agreement before, during or after a relationship (regardless of whether you are married or de facto). There are very strict requirements for these type of agreements to be valid. We can draft the Binding Financial Agreement for you and provide you with the requisite advice. Your partner will be required to obtain independent legal advice prior to signing the document. Contact us to find out more. |
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At Kovacevic Lawyers we welcome all members of the LGBTIQA+ community.
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A Will is a legal document that sets out your instructions as to who you want to inherit your Estate when you pass away. Wills are an important document and there are special rules about how they must be witnessed. We recommend having your Will drafted by a legal professional to ensure that your wishes are respected. It is important to review your Will:
A Power of Attorney is a legal document that gives your nominated Attorney the authority to manage your financial and legal decisions. This document is effective from the date of signing and continues if you loose mental or physical capacity and gives your Attorney the power to:
An Enduring Guardianship document gives your Guardian the power to make decisions about your health, lifestyle and care in the event you are not able to make these decisions yourself. This includes:
We offer home visits to take instructions and witness the signature of these documents if you are unable to attend our office. Contact us to find out more. |
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When a loved one dies it is a difficult and confusing time and clients often approach us not knowing what to do next.
If your loved one died leaving a Will we can assist you with obtaining a Grant of Probate and finalising the distribution of the Estate with the Executor. If your loved one died without a Will (legally known as Intestate) the law will determine how their assets will be distributed. We can assist you to make the appropriate enquires and Application to the Court for the Administration of the Estate. In the alternative, if you have been omitted from a Will or believe your entitlement is greater than provided for, we can provide you with advice on the process for contesting the Will. Contact us to find out more. |
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The law surrounding compensation and your rights can be very confusing.
If you have been injured:
Contact us to find out more. |
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Intellectual Property is a key asset to you and your business. With the rapid growth and change of technology the types of property that can be protected and the need for protection of your Intellectual Property grows.
The key Intellectual Property rights you have are:
We can assist you in determining which option is the best choice for protecting you and your business or how to allow the use of your product or practices through licensing, royalties etc. In the alternative if you believe someone has infringed upon one of your rights or is misrepresenting your product or practice as their own "passing off" we can help you take action with the appropriate remedy. Contact us to find out more. |
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