Family Law

As a firm, Beacon Point Legal understands the trauma associated with the breakdown of a marriage or de facto relationship (including LGBTIQ). We understand that no two families or people are the same, and therefore matters can be difficult and fraught with emotion.

This is where we come in. We are here to provide you with comprehensive advice and guide you through this complicated and sensitive time. We understand that separation can often be both emotionally and financially draining, and therefore we are committed to assisting you to achieve pragmatic, economical, and sensible solutions.

Our experienced lawyers will ensure that your family law matter is conducted in an empathetic and supportive way to achieve the best available outcomes. We will clearly explain the law that applies to your specific situation because it is important that you precisely understand your entitlements and options.

In an area as sensitive and complex as family law, we provide our clients with the highest standard of expert advice on all aspects of family law, including:

  • Divorce and separation;
  • De Facto relationships, including same sex relationships;
  • Arrangements for children;
  • Finalising family law settlements and agreements;
  • Property and financial settlements;
  • Paternity disputes;
  • Spousal Maintenance;
  • Mediation/ Dispute resolution;
  • Interstate and international relocation;
  • International Child Abduction and Grandparents;

With the breadth of family law knowledge that we possess, we invite you to take advantage of our 30-minute free initial consultation.


Intervention Orders

What is an Intervention Order?

  • 1. A Family Violence Intervention Order is a court order made by a Magistrate that is designed to protect a person(s) from being subjected to family violence by a family member.
  • 2. A Personal Safety Intervention Order protects a person, their children, and their property from another person’s behaviour (non-family member).

What is family violence?

The term family violence is defined in Section 5 of the Family Violence Protection Act 2008. It means, “violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family or causes the family member to be fearful.”

The Act defines family violence as behavior that is violent, threatening, or otherwise coercive or controlling, causing a family member to be fearful. It encompasses a wide range of behaviors, including physical assault, psychological or emotional abuse, sexual assault, harassment, intimidation, property damage, financial abuse, and isolation from friends or family.

Examples of behaviour that may constitute family violence, include:

  • An assault;
  • A sexual assault or other sexually abusive behaviour;
  • Stalking;
  • Repeated derogatory taunts;
  • Intentionally damaging or destroying property;
  • Intentionally causing death or injury to an animal;
  • Unreasonably denying a family member financial autonomy;
  • Preventing a family member from making or keeping connections with his or her family, friend or culture;
  • Unlawfully depriving a family member of his or her liberty.
  • Gaslighting - Is a form of manipulation where one person subtly and persistently denies, contradicts, or distorts the reality of another person, causing them to question their own sanity

It is important to note that the definition of family violence also includes exposure to children.

If family violence has been a factor in your relationship, we can provide you with advice and appropriate support. We have extensive experience appearing in the Magistrates’ Court in Victoria and we can provide you with advice re. the implication’s family violence has on family law proceedings.

We advise clients in relation to:

  • Obtaining Intervention Orders;
  • Contesting Intervention Orders; and
  • Criminal charges arising out of alleged breaches of Intervention Orders.

If you are attending court in relation to an Intervention Order or facing family violence related charges, you should call Beacon Point Legal to help you.

With the breadth of knowledge that we possess, we invite you to take advantage of our 30-minute free initial consultation.


Wills and Powers of Attorney

Wills

After separation, we suggest that you review your Will. Now that you have separated from your spouse or partner, your Will may no longer be appropriate. By reviewing your Will, you can carefully ensure that it reflects your true wishes in the event of your death.

What happens if I do not update my Will?

If you do not update your Will after separation, any provision made to your former spouse will continue to apply.

What if I do not have a Will?

If you do not have a Will, we suggest that you obtain one immediately. If you have separated and die without a Will, Victorian legislation will determine how your estate is to be distributed. This means, that your former spouse may receive a significant portion of your estate.

At Beacon Point Legal we offer a fixed fee for drafting Basic Wills:

  • Basic Will - $360 including GST;
  • Basic Wills for Couples – $540 including GST; and
  • Basic Will for Pensioners – 20% discount (Pensioner Card must be provided) - $288 including GST.

Powers of Attorney

If your former spouse or partner is nominated as your Attorney on your Enduring Power of Attorney document, we recommend that you update this. It is important to consider whether you want another person (other than your former spouse or partner) to make decisions on your health and finances if you are incapacitated.

In Victoria, as per the Powers of Attorney Act 2014, a power of attorney is a legal document that allows someone (the "principal") to appoint another person (the "attorney") to make decisions on their behalf, particularly financial and personal decisions. The Powers of Attorney are used when the principal is alive and needs or wants assistance with managing their affairs. When the principal dies the attorney ceases to have any powers.

Beacon Point Legal also offer drafting Standard Wills and Powers of Attorney as a stand-alone service.

With the breadth of knowledge that we possess, we invite you to take advantage of our 30-minute free initial consultation.


Immigration Law

At Beacon Point Legal, we understand that immigration law is a fast-paced and complex area of law which can be difficult to keep abreast of. Therefore, it is important to seek help from a firm that has experience in the area. Beacon Point Legal combines experience with dedication to provide you with expert advice on immigration matters. We regularly run matters in the Administrative Reviews Tribunal, Federal Circuit and Family Court of Australia and seek to ensure that your case is legally compliant in every aspect of your application.

Services we offer:

  • Partner Visas
  • Family Visas
  • Carer Visas
  • Resident Return Visas
  • Skilled Migration
  • Australian Citizenship
  • Unlawful Spouse/Partner Applications
  • Ministerial Intervention
  • Merit Review through Administrative Reviews Tribunal
  • Judicial Review through the Courts
  • Onshore and Offshore Protection
  • Long Term Overstayers
  • Visa Cancellations
  • Waiver of ‘No Further Stay’ Condition

With the breadth of knowledge that we possess, we invite you to take advantage of our 30-minute free initial consultation.