Services

Areas of Practice

PROPERTY SETTLEMENT

We understand the emotional impact of a separation and therefore we search for personal solutions and outcomes for our clients. If you are separating form a partner, it is crucial to understand what assets and liabilities are subject to settlement. Our team are experts in Property Settlement and know what is required in negotiating how jointly owned properties will be divided.

Dividing assets may seem like a daunting, emotional and challenging task so we advise you to seek expert legal assistance as early as possible. Getting advice early will help to determine what you may be entitled to before we approach the other party.

Your legal team will work hard to reach a resolution through mediation, negotiation and compromise. Our strategy is designed to get you the best outcome and as quickly as possible. At Baily Family Law we ensure that you feel supported, listened to and empowered right from the beginning.

In cases where a resolution cannot be reached through negotiation our experts will represent you in Family Court litigation.

SPOUSAL MAINTENANCE

If you have separated from your partner from a marriage or de-facto relationship and you cannot financially support yourself, you may be able to make a claim for Spousal Maintenance. Baily Family Law can help to determine your eligibility and discuss what will be involved in the process of negotiation and mediation with you and your former partner.

We always have our client’s best interests in mind and that is why our expert mediators will make it their priority to settle this out of court which will save you time and money. At every step our team will advise and assist you with the preparation of documents, financial agreements or court applications if a resolution through mediation cannot be reached.

CHILD SUPPORT

Under the law a parent is financially responsible for their children. In the event of a separation it is important to manage this delicate and often stressful process with a legal expert. Child support is a long-term commitment and if handled poorly can often leave one parent financially worse off if not all options are explored and negotiated.

The team at Baily Family Law will give you professional advice and guidance on what you need to do so that you can make the best decisions not only for your own financial wellbeing but for the long-term emotional wellbeing of your family. We will talk you through the variables of Child Support Agreements, the first being a limited agreement and the second a binding agreement, so that you don’t feel overwhelmed with the Child Support process at any stage.

At Baily Family Law we focus on getting the best result for your family, putting you and your children’s wellbeing first.

CHILDREN AND PARENTING ISSUES

In Australia, the principle of “best interests of the child” is the premise by which custody arrangements are considered by the Court. At Baily Family Law, we understand that Court can be a very expensive and stressful process. We take a compassionate and child-focused approach to the negotiation of these matters because we understand the life-long impact that a lengthy and mismanaged dispute can have on your children and wider family.

Our team have expertise in mediation and negotiation and work with you to avoid the financial hurdles and psychological aftermath of a court procedure. We will counsel and provide you with tactical legal advice on how you can come to a mutual agreement with your ex-partner.

These decisions and processes are never easy on anyone and require patience, logic and practicality. Baily Family Law will guide you, as we have done for so many families, towards the best possible outcome.

BINDING FINANCIAL AGREEMENTS

A Binding Financial Agreement can be entered into by couples in contemplation of marriage, separation or divorce. A Binding Financial Agreement enables couples, whether married or de facto, to manage the division of their assets in the event of a separation or divorce. These agreements can be drafted at any stage of a relationship whether before a marriage, during the relationship or after a separation. A Binding Financial Agreement sets out how all the assets, financial resources and liabilities, of both parties as individuals, will be divided should the relationship break down, the agreement can also set out the financial support or maintenance of one party by the other, and any other incidental issues.

At Baily Family Law we assist our clients in reaching an agreement through mediation and when a resolution is reached, we will draft up an agreement. A Binding Financial Agreement is an enforceable contract between the parties and therefore should be handled by a team of legal professionals who understand this area best.

Courts can often fail to meet the equitable needs of one or both parties which is why we recommend that you try to reach an agreement with the help of an experienced legal team.

Our Family Law Team have extensive expertise in the area of advice and drafting Binding Financial Agreements in both prenuptial (pre-nup) and post relationship (post-nup) situations and as always have your best interests at heart.
These decisions and processes are never easy on anyone and require patience, logic and practicality. Baily Family Law will guide you, as we have done for so many families, towards the best possible outcome.

CONSENT ORDERS

When considering entering into a Consent Order, it is paramount that you understand the long-term effects of this document from a legal perspective.

At Baily Family Law we help our clients to reach amicable agreements on how to divide assets, manage the care and welfare of their children and more. When an agreement is successfully negotiated, we draft a consent order which will be submitted to the Family Court for approval.
The Family Court assess each order individually to ensure the proposed agreement is “just and equitable” Additionally if children are involved, the court will look at whether the agreement is in the best interests of the child.

At Baily Family Law we work on your behalf to finalise an agreement into a Consent Order so that you can avoid the expense of issuing court proceedings or engaging in litigation. By engaging our expertise, you ensure that you have a team of professionals who can interpret the consent order from a legal standpoint and give you the best advice.

DIVORCE

Having access to some of the best lawyers in the country can ease the stress and emotional burden that comes with going through a divorce. Our team have significant experience in guiding clients through this process and strive to make it as stress free and streamlined as possible.

We understand that some of the paramount concerns in going through a divorce procedure will be the unknown costs, timeframe and unforeseen hurdles. Our team will provide sound and practical legal advice that will help to ease your concerns from the very beginning.

At Baily Family Law we have multi-disciplinary team who can offer you the best course of action for not only your divorce but the subsequent financial and personal issues that are related such as the division of assets, spousal support, children and parenting advice and more.

Talk to our team today, we will support you with our professional guidance, practical advice and years of expertise.

RESTRAINING ORDERS

Don’t be misinformed – family violence comes in all forms and can include physical, verbal, emotional and psychological abuse. At Baily Family Law we understand the sensitive and often complex nature of these matters and therefore approach each case with an empathetic, strategic and pragmatic approach to ensure that the best advice is given to every individual client.

Our staff of legal professionals will provide you with guidance and advice when seeking a restraining order, whether they arise out of family violence or with concerns for personal safety. We will help with the application and court process and approach your case with a holistic approach ensuring you and your family feel safe and get the protection you need for the future.

Alternatively, if you have been served with a restraining order you must understand the implications that this places on you and the very serious legal responsibilities. Speak to one of our legal professionals to ensure you avoid making any rash or consequential decisions that may impact greatly on your long-term family relationships or your case in general.

I was falling apart and not sure where to turn with my situation. I tentatively placed a call with Baily Family Law, still not sure if involving a lawyer was the road I wanted to go down. I was directed to Samantha. I explained my situation to her and instantly felt that feeling of relief. I knew I had made the right decision. Her professionalism, her knowledge, the way she listened to me in my emotional state and responded with very strong factual advice. My dealings with Samantha have been first class from that first phone call and continue to be. Thank you Samantha and Baily Family Law.

Angela Barnes

SURROGACY

Planning a family is a very exciting time in anyone’s life. Our team at Baily Family Law are highly experienced in the preparation of surrogacy agreements.

Surrogacy laws in Western Australia can be difficult to interpret and navigate and this is why we recommend speaking to one of our legal professionals. The first step, and also a requirement, is to seek legal advice regarding your intent to enter into a surrogacy arrangement

We will assist you in creating a surrogacy agreement for approval and guide you through the process. Ay Baily Family Law you will have the best team working on your behalf throughout the entire journey.

ADOPTION

At Baily Family Law we can assist you in many areas of adoption such as child adoption, same-sex adoption and step-parent adoption. We understand how important it is for any parent to have legal certainty for their children and family. The process may be a timely and daunting one, however the end results far outweigh any complexities along the way.

Our team are experts in guiding our clients through the technicalities of this process and have years of success and many happy stories. We are committed to the best results for every one of our clients and seeing the joy on a parent’s face at the end of what can often be a frustrating journey is priceless.

DE FACTO RELATIONSHIPS

De Facto relationships can be as legally complex as a marriage and therefore require a legal mind in understanding how the family court treats matters such as the breakdown of a relationship, joint assets, property and any children you or your partner have.

Our team can advise you on how to best protect your assets for the future whether or not you are your partner have separated. Similarly, if you have separated, we can advise you on the best course of action for your individual situation.

Like many areas of family law, the laws pertaining to de-facto couples are easily misinterpreted, this is why you should seek legal counsel as early as possible to ensure the best long-term outcome for your future and if possible, the most amicable separation from your partner.

MEDIATION

Mediation is a strategic and structured process of negotiation used to find a resolution for matters such as separation, divorce or other family related problems. A seasoned mediator will seek to open up and maintain the pathways of communication between the parties involved for the mutual benefit of avoiding a lengthy and costly battle in The Family Courts.

At Baily Law we pride ourselves in having a powerhouse team of negotiators and mediators, including our own Director, Samantha.

Mediation is about creating a private space for both parties to come together to discuss issues related to property settlement, child custody, the division of assets and more. At Baily Family Law if we can reduce the stress and trauma felt by our clients then we see to do everything in our power to achieve that.

RELOCATION OF CHILDREN – WITHIN AUSTRALIA OR OVERSEAS

Following the breakup of a relationship or marriage the children’s living arrangements may change. Often this will mean an intrastate, interstate or international move. Before this can happen, the other parent must consent to the move or an Order of the Court obtained.

An agreement between the parties must be met, including assessing the viability of the move and the unforeseen impacts it may have on the child/children in question. Baily Family Lawyers can help you to overcome the difficulties that these types of cases present and in particular where other complexities come into play such as the requirement for restraining orders.

It is important to act in a timely matter with relocation cases particularly when the well-being of children is involved.

ENFORCEMENT OF AGREEMENTS

Our team have helped clients to ensure that orders that have been put in place against another party are been complied with. We understand there is nothing more frustrating and stressful when the other party is in breach of a legally enforced order. We can assist you in reviewing the order and taking the steps to negotiate with the other party to reach a resolution in the hope of avoiding court proceedings.

The Family Court hold significant power in ensuring orders are enforced, therefore we suggest you seek legal advice before you proceed with an enforcement to ensure it is done professionally and with the long-term resolution and protection that you are seeking.

Similarly, if you have had an enforcement order placed against you it can be intimidating and often difficult to understand your obligations under the order. Our team will talk you through your legal responsibilities to ensure you understand the implications of any breach.

CHILDREN’S COURT MATTERS

At Baily Family Law our team have experience in dealing with Children’s Court matters such as child protection cases, family court procedures, restraining orders and criminal matters involving children. It can be a difficult area of the law to interpret and parents often find themselves becoming frustrated in understanding their rights in these proceedings.

Due to the obvious sensitivity of many of these cases, our team respond to and manage each one with diligence, care, practicality and urgency. Our advice is offered in such as way so that you and your family understand what will be required at every step and any likely outcomes or eventualities of a court proceeding.