Family Law

We will protect your rights and assets

At Phillips & Wilkins, we can provide legal advice on all things Family Law including:

Binding Financial Agreements

  • Pre Marriage or Defacto/Domestic Relationship
  • During Marriage or Defacto Relationships
  • After Divorce or Separation

Divorce or relationship breakdowns including property settlements, child arrangements and superannuation splits

Spousal Maintenance

Post-separation and divorce disputes.

Our Family Law Specialist

Chris Henderson

Have Any Questions?

What happens if you die without a will?

Dying intestate means you have died without a valid will. Accordingly your estate will be apportioned amongst beneficiaries determined by the provisions of the Administration and Probate Act. This may be quite different to your wishes so it is always better to make a will.

When can I get divorced?

For you to divorce from your spouse, you must be married for at least 2 years and have been separated for 1 year. If you meet this criterion, an application can be made to the Family Law Court. There are exceptions to the 2 year marriage requirement and separation for which if you were to contact Phillips & Wilkins, we can assist with any divorce related inquiry.

What is the difference between an executor and an attorney?

An executor administrators the estate of a deceased person who leaves a valid will.
An attorney administers a person’s affairs while they are alive.

What is a financial agreement?

Before, during and after a marriage or de-facto relationship, a financial agreement can be drawn up between parties that direct the parties as to how property is to be apportioned in the event of separation. Often referred to as a ‘binding financial agreement’, it can only be binding if the strict requirements pursuant to the Family Law Act are followed. Query as to whether your agreement is binding? Contact Phillips & Wilkins.

What happens to jointly owned assets at death?

If two or more people own property as joint tenants when one of them dies, property will pass directly to the survivor. If property is held as “tenants in common” it will pass according to the terms of the deceased’s will. This often applies with real estate.

Send Us An Enquiry

One of our Family Law specialists will contact you for a free chat about your legal requirements.

Really very much appreciate your kindness and action which turned out to put to an end a very gruelling 2 year episode in my life! I am surprised that I am still alive!