Legal Processes
Court representation
Clancy & Triado Lawyers are experienced litigators. We can advise you of the merits of issuing or defending an Application at Court and guide you through the various Court processes to achieve your best outcome.
We are regular advocates for clients in the Family Law Court of Australia and Federal Magistrates Court in the Melbourne Registry, as well as the circuit Courts in Ballarat, Bendigo, Geelong, Mildura, Moe, Shepparton, and Warrnambool.
All of our lawyers are qualified members of the Supreme Court of Victoria and appear for clients in the County Court of Victoria and the local Magistrates Courts throughout Victoria. Where necessary we litigate cases in the Children’s Court of Victoria. We brief experienced and well regarded barristers to represent clients in trials if appropriate.
We always inform clients of the pros and cons of litigation and the Family Law proceedings and the costs of going to Court. We are happy to work with clients to minimize their legal fees.
Divorce
Divorce is available to people who have been married and separated for one (1) year (with exceptions). Separation can occur under the one roof so long as the married couple held out to family and friends that they were separated.
Evidence is required and our Divorce Lawyers at Clancy & Triado can assist you with your own Application for Divorce, or prepare and serve the necessary documentation and on your behalf.
If there are children of the marriage you may have to attend (or have one of our Divorce Lawyers represent you) at Court for the hearing of the Application for Divorce.
Sometimes service on the ex-spouse can be difficult, especially if they are overseas, as we can arrange for substituted service and other assistance if need be to progress your Application for Divorce through the Court.
Clancy & Triado Divorce Lawyers strongly recommend you obtain legal advice prior to applying for a Divorce, as your entitlement to a property settlement; your entitlement to spousal maintenance; your Will; and or entitlement pursuant to a Will or trust, may all be affected by divorce.
Expert witnesses
Clancy & Triado Family Lawyers will advise you and retain appropriate experts where necessary. We work closely with a whole range of Court experts including:
- forensic accountants and business valuers;
- superannuation valuation practitioners;
- psychologists; medical practitioners and specialists;
- plant and equipment valuers;
- antique and specialty (and basic) chattel valuers.
We arrange the appointment of the experts and have their evidence annexed to affidavits which are presented to the Court in support of your Application. On occasion the expert witness may be cross-examined before the Court in relation to the evidence and we ensure the most appropriate expert is appointed for this purpose.
Separation
Separation has legal significance for your entitlement to a property settlement in marriage and de facto relationships and is important when applying for a Divorce and spousal maintenance. The date of separation is often of great significance so we recommend you obtain special advice from our team at Clancy & Triado Lawyers about your relationship.
Clancy & Triado Lawyers can provide you with a strategy before you intend to separate which may minimize the stress associated with separation. We can advise you of your options and recommend strategies to put in place before separation occurs.
Separation can be a difficult time for all of the family, and Clancy & Triado Lawyers are associated with many organisations and professionals whom can provide you with assistance, including psychologists and accountants.
Mediation
Mediation is a without prejudice, private method of attempting to settle issues in dispute. Mediation can be very effective and cost efficient. Mediation can occur instead of costly litigation, or can occur even after litigation has commenced.
A mediator is impartial and assists the individuals to reach a mutually acceptable settlement. All Family Law issues can be discussed in mediation, including children, property, child support, spousal maintenance etc.
The mediation process can determine the areas of agreement and disagreement, and can build and encourage an ongoing working relationship between ex partners (especially if they are parents of children). Clancy & Triado Lawyers support the mediation process and use the practice in circumstances that are appropriate.
Family dispute resolution
Family dispute resolution is used to negotiate a parenting arrangement. If agreement is not reached, or the process is not appropriate, then the dispute resolution practitioner will provide a certificate which allows the people to issue court proceedings. Family Law Court proceedings requesting orders about children can not be issued without a certificate from a dispute resolution provider. Clancy & Triado Lawyers can recommend private dispute resolution practitioners or government funded agencies to assist in this matter.
To learn more about our professional, cost effective legal services please contact us at any time.