RELATIONSHIP LAW

Family lawyers on your side…

Dealing with family law issues, such as separation and divorce, can be enormously stressful. The stress also affects other members of your family, including children, grandparents and other relatives.

 We’ll help you know where you stand…

Our family lawyers provide practical, realistic advice about the legal system – informing you of all the options available to you. Our lawyers will clearly explain how the process works. This will relieve you of the stress of not knowing what comes next and give you real peace of mind.

 Seeing our family lawyers doesn’t mean you’ll end up in Court…

Our family lawyers help most of our clients reach an agreement about family law matters without going to Family Court. There are many different pathways to resolving a family law dispute - we can assist you to choose the best approach for your particular circumstances.

Our role as a trusted advisor sets us apart…

We focus on providing you with down to earth advice, tailored to your particular life situation. This means you won’t waste energy, time and money pursuing an outcome which is unachievable. So you’ll end up with the best result possible for you and your family.

 Our family lawyers aim to resolve problem situations in a timely manner – this minimises your financial and emotional costs.

 We advise and assist in all areas of family law including:

 Separation

Marriage and de facto relationships (including same sex relationships)

Separation

Divorce

Intervention Orders

Children and Parenting Matters

Children and parental responsibilities (Custody and Access)

Child support and child maintenance

Property and Financial Matters

Property settlements

Spousal maintenance

Protection of Assets

Financial Agreements (‘pre-nuptial agreements’ and ‘cohabitation agreements’)

Collaborative Law

 Separation

Marriage and de facto relationships (including same sex relationships)

Our focus is on resolving relationship disputes through sensible, negotiated settlements. We avoid long, drawn out ‘battles’ wherever possible, in order to minimise the emotional impact on you.

 Our family lawyers believe that negotiated settlements offer the best overall outcome: they minimise stress and costs, and give you the best chance of maintaining a cordial relationship with your partner going forward. Where children are involved and parents need to continue to communicate for many years to come, this is especially important.

 If it’s not possible to reach an agreement, and Family Court proceedings are necessary, our family law skilled legal team have the skills and tenacity to act decisively and assertively on your behalf.

 Separation

If you are thinking of separating or have separated, our experienced family lawyers can advise you about your legal rights and entitlements.

 We understand that separation is stressful time. You will need to know how family law works, and what it means for your particular situation.  Our family lawyers provide clear and practical advice so that you have a real understanding of what to expect, and how to work towards an outcome that everyone can live with.

 If you have already separated, we recommend that you see our family lawyers as soon as possible so we can help you take action in relation to your finances, children and lifestyle.

 If you are thinking of separating, seeing our family lawyers before you separate can give you more options and, if you do separate, help avoid complications later and make the process of separating easier and smoother.

 Divorce

If you would like to file a Divorce Application yourself, we can help you with this.

 Alternatively, if you want to avoid the stress and hassle of filing the Divorce Application, we can prepare the Divorce Application, serve it on your spouse and finalise the divorce process for you. Our family lawyers always attend divorce hearings for our clients to ensure that the divorce is granted as quickly as possible.

 Sometimes a divorce can be more complicated, for instance if a couple has continued to live together in the same house after separating. In that situation, our family lawyers can prepare the further documents needed to satisfy the Family Court requirements and obtain the divorce.

 If your spouse has made an Application for Divorce, we can help you respond to the Divorce Application or even oppose the Divorce Application if necessary.

 Intervention Orders

It is a serious decision to apply for an Intervention Order. It often follows an unpleasant and distressing event within a relationship. Our family lawyers understand how difficult these incidents are and how they increase any tensions which already exist. Our family lawyers will advise you whether an Intervention Order will be appropriate for your situation. They will also work with you to reduce the impact of the distressing event on you, your children and other family members.

 If you have been served with an Intervention Order, our family lawyers can advise you of your options and assist you in defending the allegations made against you.

 Children and Parenting

Children and parental responsibilities (custody and access)

At separation, one of the first priorities for parents is their children’s living arrangements. Our experienced family lawyers can assist you with your discussions with your partner about parenting issues, and help you to reach an agreement.  We can also refer you to counselling services to help with this process if appropriate.

 For some families, the optimum arrangement is for a child to live mainly with one parent and spend times with the other parent. For other families, it works better if a child lives equal time with each parent. What is most important is that the arrangements suit the child’s needs.  

 If you and your partner are able to reach an agreement about parenting matters, we can formalise the agreement by obtaining Consent Orders in the Family Court. You and your partner will not need to go to Court for the Orders to be made. However, Court Orders are not necessary for everyone.  Our family lawyers can talk to you about whether they will be helpful in your situation.  Our family lawyers can also advise you about parenting plans and other more informal agreements about parenting matters.

 Grandparents, or other people who play a significant role in children’s lives, may want to make sure they continue to spend time with the children even after a separation. Our family lawyers have experience acting for relatives of children in a wide range of situations, including where parents are themselves unable to care for children. 

 If you and your partner are unable to agree about parenting matters, or if there are urgent issues that need to be addressed, it may be necessary to start proceedings in the Family Court. Our skilled family lawyers can represent you in Court and assist you through what can otherwise be a confusing process. With our experience and expertise you can be confident that your case will be presented to the Court in a way that places you in the best position to achieve your desired outcome.

 Our family lawyers can also provide you with information about obligations to provide financial support for your children.

Child support and child maintenance

Many parents are able to agree their own arrangements for child support. We can advise you about the types of arrangements might be appropriate for your circumstances and assist you in formalising those arrangements through a Child Support Agreement. It is essential to obtain advice before entering into a Child Support Agreement as the terms of the agreement could be in place for many years.

 Our family lawyers can also advise you about applications for child maintenance if your children are aged over 18 years and still need financial support. This is often the case if your children are still studying or have a disability. If Family Court proceedings are necessary in relation to adult child maintenance, we can provide you with expert representation in those proceedings.

 Financial and Property Matters

Property and Financial settlements

Our lives and finances have become more complicated. A property settlement may need to cover a wide range of assets including:

 The home. Decisions will need to be made about whether the home will be sold or whether one person will keep it.

Investment properties and shares. Often there are tax implications that need to be considered as part of any financial settlement.

Trust, company and partnership structures. If you are stepping out of the entity, our experienced family lawyers will make sure you are protected against any future liabilities of the entity. If you are retaining the entity, we will ensure that your partner is properly removed from ongoing involvement in the entity.

Businesses and farms. Property settlements may need to ensure the ongoing viability of the business or farm to provide continuing income for the family.

Superannuation. Superannuation can be split between you and your partner.  Alternatively, one of you may keep more of the superannuation and the other may keep more of the remaining assets. Self managed superannuation funds have become more common in recent years and need special attention.

There are many factors to take into account in property and financial settlements, including:

Contributions during the relationship (both financial and non-financial); and

Future needs, including earning capacity, ongoing care of children, and other financial resources that may be available.

Whether you are thinking about separation or have already separated, contact our experienced family lawyers for advice about your rights and entitlements before agreeing to a property settlement.

 Our family lawyers can assist you in your negotiations with your partner and help you reach an agreement about a financial settlement.  After meeting with us, you might decide to have direct discussions with your partner to try and reach an agreement, or you might want our family lawyers to negotiate with your partner or their lawyer on your behalf. Our family lawyers will advise you about the best way of achieving an agreement in your particular situation.

 Once you and your partner reach an agreement about your property and financial matters, our family lawyers can prepare the documents needed to finalise the property settlement. This will protect you from further claims from your partner in the future. You can rely on our skilled family lawyers to implement the agreement including taking care of all property transfers, share transfers and any changes to companies or trusts.

 We prefer to resolve property and financial matters by agreement wherever possible. This minimises your stress and legal costs. Unfortunately, sometimes it is not possible to agree about property and financial matters. This might be because the other person refuses to negotiate, takes an unreasonable position or threatens to destroy or dispose of assets. In those situations, Family Court proceedings may be necessary. We have the skills and experience to represent you in the Family Court and act decisively and assertively on your behalf. 

 Spousal maintenance

You may be required to pay financial support to your partner in the form of spousal maintenance. This is separate from child support and child maintenance.  Or, your may be entitled to seek spousal maintenance from your partner.

Unlike child support, spousal maintenance is not an automatic entitlement.  Our family lawyers can advise you whether it is likely to be an issue for you, depending on your financial situation.

 Protection of Assets

Financial agreements (pre-nuptial agreements and cohabitation agreements)

When a couple marries or starts living together, they intend their relationship to last forever. However we know that, despite everyone’s best intentions, many relationships don’t last.

 If you plan to marry or start living with your partner, it can be a good idea to think about how you would like your property to be divided if you and your partner were to separate in the future. Those arrangements can then be formalised in a pre-nuptial agreement, also called a ‘Financial Agreement’, or a ‘Binding Financial Agreement’.

 Pre-nuptial or Financial Agreements can be prepared before you marry or start living with your partner.  They can also be done while you and your partner are already together.

 Our family lawyers can give you advice about what should be included in a Financial Agreement. We can also assist you in reaching an agreement with your partner. Importantly, our family lawyers will give you detailed advice so that you fully understand the legal implications of any Financial Agreement.

 

There are strict requirements for Financial Agreements to be binding.  Our family lawyers are very experienced in negotiating and preparing Financial Agreements to the highest standard.  You benefit from our skills and experience by getting the best protection. 

 Financial Agreements are not just for the rich and famous.  More and more people are entering into Financial Agreements to protect their assets and wealth and to avoid costly and stressful disputes if they separate in the future.

Collaborative Law

 Collaborative law is a relatively new way of resolving family law disputes. Parties and their lawyers commit to resolving their issues through a series of structured meetings outside of the Family Court process.

Instead of the traditional focus on each party’s legal positions, the negotiations are directed to achieving outcomes that will meet the emotional and financial needs of both parties.  This is sometimes referred to as ‘interest based negotiation’.

 

About Lyons Family and Relationships Law

 Jim Lyons has been practicing in this area of Law for 40 years.

 Initial Appointment

At your first meeting our family lawyers will help you understand your legal rights and entitlements and give you options for moving forward. Even if you don’t want to take any immediate action, you will leave your first meeting with our family lawyers with a better understanding of how family law applies to you and the different pathways you can take to resolve issues.


PRENUPTIAL AGREEMENT

Protecting your assets and wealth

 

When you buy a new home, you don’t expect it to burn down. But you know this is a risk. So you take out insurance, to protect yourself - just in case. Similarly, when you enter into a relationship, you intend it to be lasting. But we know the reality is, despite everyone’s best intentions, many relationships do not last. A separation may occur because of something beyond your control.

So perhaps you should also take out “insurance” in the form of a Financial Agreement, to protect yourself – just in case. An increasing number of couples are doing just that.

What is a Financial Agreement?

Essentially, a Financial Agreement is a document which sets out what will happen financially if a married or de facto couple separates. Commonly, people refer to these sorts of agreements as ‘pre-nuptial agreements’ or ‘cohabitation agreements’.

What issues can be covered by a Financial Agreement?

The agreement can deal with:

  • The division of assets such as your home, business, investment property, shares, bank accounts and artwork.
  • The division of superannuation.
  • Whether any maintenance will be paid from one partner to the other. This is separate from Child Support.

Are Financial Agreements for everyone or just the rich and famous?

You don’t need to be rich and famous to have a Financial Agreement. Financial Agreements are becoming increasingly popular with people in many different financial and personal circumstances. It’s not just about protecting yourself – other family members may also need protection.

A Financial Agreement could be beneficial if:

  • You already have significant assets. You might be happy for your partner to enjoy those assets while you are in a relationship with them, but may want to keep those assets for yourself if you separate.
  • You have received an inheritance or expect to receive an inheritance. An agreement may provide for you to keep any inheritance you receive.
  • You own a business. It may be important that the business remains intact if you separate so that it can continue to generate an income.
  • You have children from a previous relationship. An agreement can protect your assets and wealth for your children if you separate.
  • Your income is much higher than your partner’s income. You may want any division of property to reflect your greater financial contribution.
  • Your partner has debts. An agreement can provide that you are not responsible for those debts if you separate.
  • Your parents have given you money or assets. An agreement can ensure that, if you separate, you benefit from your parents’ generosity, not your partner.
  • You are giving up your job to have children. If you separate, you will need enough money to re-establish yourself.
  • You have an aged parent or disabled child to care for. You may want to make sure that you will have enough financial support to continue caring for them.
  • You want to avoid a costly and stressful legal dispute about financial matters if you and your partner separate.

What if you are already married or already in a de facto relationship?

Financial Agreements can be entered into:

  • Before you start living together in a de facto relationship;
  • While you are living together in a de facto relationship;
  • Before you get married; or
  • While you are married.

If you separate, a Financial Agreement can also be entered into after separation to finalise your property settlement.

What if you are in a same sex relationship?

The provisions for de facto partners apply equally to same sex and opposite sex couples.

Are Financial Agreements binding?

Provided that legislative requirements have been complied with Financial Agreements are binding. They can only be set aside by the Court in limited circumstances.

 

INSOLVENCY

             

Insolvency

Print Version

Lyons & Lyons insolvency practice  seamless, solutions-based service.

Our expertise includes post and pre-lend reviews, workouts, voluntary administration, deed of company arrangement, receivership, liquidation, preference recovery actions, insolvent trading claims, bankruptcy and part X arrangements.

Our practitioners in this specialised field are backed up by the firm’s experts in a range of industries and areas of law.

Our substantial insolvency experience means clients can have confidence that their individual requirements will be met in a timely and cost-effective manner. We pride ourselves on listening to our clients to establish their business priorities, making our people accessible to ensure prompt response times, and providing no-nonsense, high quality advice.

experience you can rely on

Blueprint Developments – we have advised the financier of a failed Sydney property development company, including appointing the receivers and managers and advising in relation to the completion of the development projects. This has involved negotiation with the builder, local councils, purchasers, and secured and unsecured financiers.

Australian Securities and Investment Commission – we have acted on behalf of ASIC as intervenor and applicant in proceedings to wind up unregistered managed investment schemes.

Our areas of experience include:

  • Administrations, receiverships and liquidations
  • Investigation and litigation funding
  • Voidable preferences and uncommercial transactions
  • Liens and retentions of title
  • Competing securities
  • Enforcement of securities and debt subordination
  • Asset recovery
  • Operation of industrial law and instruments in insolvency scenarios and upon sale of business
  • Employer and employee rights and obligations
  • Claims against directors
  • Professional negligence
  • Fraud
  • ASIC inquiries
  • Commercial Leasing and real property
  • Set off
  • Protection and exploitation of intellectual property
  • Retention of payment regimes in the building industry
  • Assessment of proofs of debt for unliquidated amounts

Example of our most recent experience includes

Nortex (in  liquidation )-v - Lamru which took about 200 hearing days from the Supreme Court to the Court of Appeal, and finally the High Court of Australia a few weeks ago.

MOTOR VEHICLE LAW

Under the Laws of New South Wales,I am not able to display any information on our website to educate and assist you understand your rights ,even though Jim Lyons was in the fist group of Lawyers to be bestowed the title of Specialist.

Apparently,Lawyers cause innocent of Victims of Motor Vehicle Accidents to throw themselves  under speeding cars driven by drunken driver and so on

I didn't realise this,even though I was in the fist group of Lawyers to be bestowed the title of Specialist in 1994.

Silly me.

Ring Jim Lyons and make an appointment.

No charge will be made for the first appointment.

Also Jim Lyons will spill his guts informing you of your rights.  

Protecting Your Legal Rights: No Win, No Charge

In most personal injury cases we don’t charge for our services unless we win you compensation.

Even then, we guarantee that the majority of the compensation goes to you, rather than in legal fees.

In the meantime here is a great website for the DIY crowd who I sincerely wish the very best of luck.

 MOTOR ACCIDENTS AUTHORITY

http://www.maa.nsw.gov.au/

WOKERS COMPENSATION

Under the Laws of New South Wales,I am not able to display any information on our website to educate and assist you understand your rights.

Apparently,Lawyers cause innocent of Work Accidents  to throw themselves  into the conveyor belt or guillotine.

I didn't realise this, even though I was in the fist group of Lawyers to be bestowed the title of Specialist in 1994 and have practiced in this area of Law since 1971.

Silly me.

Ring Jim Lyons and make an appointment.

No charge will be made for the first appointment.

Also Jim Lyons will spill his guts informing you of your rights.  

Protecting Your Legal Rights: No Win, No Charge 

In Workers Compensation matters we don’t charge for our services.

Also we only get paid by the Workers Compensation Insurer  if you  we win.

We do not charge you one penny for our work.

In the meantime here is a great website for the DIY crowd who I sincerely wish the very best of luck.

 WORKCOVER AUTHORITY OF NEW SOUTH WALES

http://www.workcover.nsw.gov.au/aboutus/Pages/default.aspx

http://www.workcover.nsw.gov.au/Pages/default.aspx

ABOUT LYONS & LYONS

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IMG1

At Lyons & Lyons our years of experience and breadth of knowledge mean you can come to us with all types of problems and we can offer you advice and quality legal assistance. Our highly respected solicitors practice across all areas of the law and have an impressive rate of success.

We can provide you with expert, timely advice and handle all aspects of  your problem.

When you come to us we understand you may be very upset and traumatised. 

We treat our clients with respect and ensure the details of your case remain confidential. 

If the matter proceeds to court then we can represent you at your trial and support you throughout the hearing.

Are you considering divorce? Family law disputes are often stressful and emotional for all parties involved. We can provide you with sympathetic, professional legal advice on your rights and obligations. At this very difficult time we will assist you in making decisions in your best interests, and in the best interests of any children involved.

We  can help you in all aspects of family law including divorce, separation, property settlement, child custody, domestic violence, de facto relationships and financial agreements  and termination agreements.

Perhaps you are buying a house or looking to sell a commercial property? 

We have handled property transactions for hundreds of satisfied clients both business and private. 

You may, at this time, be wise to consider making a will. 

We can help you draft a will that makes things easier for your family and beneficiaries in the event of your death.

If you expected to be a beneficiary of a will but have not been provided for, you can make a claim against the distribution of the estate. 

You may be a child or partner of the deceased who has not been recognised. In this scenario we can help you contest the will. At Lyons & Lyons we have a great deal of experience and success in handling these cases.

 If you have a relevant claim then we will get you the recognition you deserve.

At Lyons and Lyons we are able to advise you in relation to you rights under many forms of Insurance.

Unfortunately the Law prevents us from providing you with any information on the Lyons & Lyons  Website,but if you avail yourself of our initial free consultation,we will be only to happy to assist,taking into account that Jim Lyons was in the first group of accredited specialists in Insurance Law under the scheme introduced by the Government and theLaw Society of New South Wales.

At Lyons & Lyons we are also able to assist you in relation to your business affairs, commercial investments,superannuation ,trust  etc so as to   lawful minimise  the amount of Tax that you and your family are lawfully obliged to pay.

We can help you with setting up a business, registration, drafting contracts, closing down a business and disputes relating to breaches of contract, insolvency, intellectual property, the Trade Practices Act and the Fair Trading Act. 

Our solicitors have the experience and knowledge to provide you with all the guidance you may need.

BANKRUPTCY

Bankruptcy can often be avoided,involving sensible negotiations between the Creditors and Debtor.

There is an old saying that "half a bite of an apple is better then no bite whatsoever".

Many people are terrified of the thought of going bankrupt and spend a huge amount of time  worrying and money about matters over which they have no control and about demons that do not exists,or the possibly of other solutions.

People are often to close to the problem to be able to solve it.

People try and solve the issue themselves , and this is a fatal mistake.

It is the equivalent of saying" I need a triple heart by-pass but I have decided to do it myself in the garage on Friday night after I come home from the pub".

People often think that they are some outcast  if they go bankrupt.

That rubbish.

Most people go bankrupt because the are not able to be  paid, for example a Builder who is owed money by a Developer.

A family man can earn more than $50,000 a year ,depending on the number of dependants .

The former Attorney General of Australia and subsequently Chief Justice of Australia,Sir Garfield Barwick was made  bankrupt as he had provided a Guarantee to the Bank on behalf of his brother,when his brothers business could not meet its liabilities.

Something good always follows a misfortune.


Insolvency Trustee Service Australia

http://www.itsa.gov.au/

Call us today: 02 9387 7699  EMAIL:jwlyons@lyonsandlyons.com.au