Good divorce solicitor Adelaide

A very close friend in Adelaide has got mixed up with a loser, got married and had 2 kids. She brought an ip into the relationship and paid for his house and car while he took her money earned from contracting. She left him because he was abusive to the kids and now wants to divorce. He is greedy so she is worried he will try to take half the ip and half the super. So she is looking for an excellent Solicitor to fight for her and keep as much as she can.

She has already used a few Solicitors for custody disputes and none have been very good.

Does anyone know a great divorce Solicitor in Adelaide?

I would appreciate some recommendations. PM if needed for discretion.

Thanks

 

Yep. Look up Sam Ngai from Scammells Lawyers.

 

It depends on what she thinks a great lawyer can do for her.

How long have they been married for?
What were the initial contributions of both parties at commencement of cohabitation?
What were the contributions like from both parties during marriage?
What are the future needs? There may be adjustments to one party if he or she has issues with health and capacity to earn.
Generally those who are primary carers of children get a bit more.
No one wins in family law and so to say she wants to get as much as she can does not sit well with the concept of just and equitable in the Act.

Too many people walking around with unqualified legal understanding and dispensing legal advice. If she has had few lawyers acting for her and she still thinks they are not very good,then perhaps she needs to look at her own expectations.

 

By the way, she probably already knows that parenting under the Act is framed under “equal shared responsibility” and unless the husband is proved abusive, violent etc to deprive him 100% from children is unlikely to be successful. It would take a very serious case of abuse, violence and neglect for a court to make a decision that will take the father out of their lives.

 

That name doesn't inspire much trust!

 

It's easy to pass judgement on people you know nothing about.

I said she wants to keep as much of her ip as she can and as much of her super as she can, not take him for everything he has got.

Looks like it.

See above.

 

Do you mean like he insists on deciding which private school the children go to and then contributes nothing to the school fees?

Who has said anything about taking the father out of the childrens lives? You have 100% brought that into this yourself.

 

Thanks @D.T., will do.

 

I’m just laying out possible scenarios. I’m sorry if you are offended. I probably read too much into it but it’s common thing I hear on almost daily basis.

It’s all about being just and equitable in terms of division of assets. What is just and equitable depends on the circumstances. Correct, I do not know all the facts of the matter and that’s why it was a broad response to your questions.

 

Sorry to hear about your friend.
From personal experience, and with 20 20 hindsight,....
I suggest she pay him as much as she possibly can and gets rid of him.
Make it absolutely clear that any one who comes near your friend or your friends children are the the kind of people who she wants near them.
Don't settle for less.
Your friend is obviously a smart and resilient a person , and I have the capability to move on herself.
I wish her all the best!

 

Materialistic's aside, I'm sorry to hear what the four of them are going through, happens to 1 in 2 these days.
Parents make the mess, kids are left the innocent victims, not living with or kissing both mummy & daddy good night, being constantly shifted between two places bag and teddy in hand, hoping mummy & daddy can be nice to each other this time, that they don't say or overhear nasty things said about the other, often only to be disappointed, later in life when old enough to decide having to choose which one they spend special occasions with.

Naturally, unlike a failed relationship with no children, easily move on, just a memory etc, having children forms a lifetime bond, as much as one may want to, in most cases there's no escaping the ex.

If you truly want to support your friend, simply be a sounding board, someone not directly related/involved (like both sides of outlaws/family, other friends) for her to vent her frustrations/emotions to. No need to comment/agree with any negativity, she has enough of that, no need to interrupt her vent asking to elaborate etc. When she's done, talk about the kids, make her laugh, tell her you love her (if that's a thing you do).

We've all seen it happen to others, deep down she knows what she has to do, its just scary, what impact its having on the kids, how she/they will deal with separation via shared care, possible poisoning of the mind from him and his family, the effect of it etc.
Whilst she's currently strung up on everything else, ultimately its just material possessions that can be replaced, which whilst to a point resilient, the mental welfare of her children is more important.

Most parents will never resolve their differences/expectations, neither will lawyers, court rooms/orders, both need to take a breath and consider what kind of a future they want for and with their children, what kind of example they set for them now is important.

The best thing for them right now is a family services organisation, some mediation followed by a "group" parenting course where they'll get to hear how ridiculous/immature others stories are, makes you stop and think about your own situation, what its doing to your own kids.
Did wonders for me however its not all that's required for some, to self absorbed, wont admit their faults, wont let it go or do anything about it, live a life of guilt and hatred.

I went into the relationship 8 years older with a house/assets, she was studying, had only a bomb car.
In the end I gave the ex & her boyfriend the house, cost me ~75% and my daughters mind poisoned against me, nothing to do with me for 10 years, however rather than being relocated the kids got to stay in the family home, same school, same friends, same sport team etc, not perfect for them, or me, but the best stability I could provide them which is priceless. I've since rebuilt my assets.

 

Oh Westoz, the things I could say to you regarding your first paragraph. Let's reword this :
Kids holding their teddy close while daddy is screaming and yelling at mummy again and hoping that his anger doesn't turn their way. They watch their dad pick up a brand new toy and throw it out the door to the concrete outside, smashing it to pieces. They wish that they could go live somewhere else with mum to get away from the fear and sadness.

I'm now into month 21 of a property settlement. It's a rocky ride. Unfortunately history of ownership doesnt guarantee that your friend will walk away in a similar financial position to what she started with either. I wish her the best.

 

Have seen reverse scenario as well

 

Yep. Staying together isn't always in the best interest of the kids

 

Interesting that, in your post above, you appear to have edited Beachgurl's quote to fit a view of family violence that is the least common version. Not saying it never happens, just that the reverse is much more common. One woman a week ...

 

Unfortunately, he is probably saying exactly the same thing.

Hope your friend manages to sort through her situation as quickly as possible. In a long process, the only party who wins is the lawyers.

To quote a law friend, ”perjury is perfectly acceptable in family law” - I think he is joking.

 

Welden & Collucio in Prospect.

 

I am not offended. It's just really not helpful to start guessing about what might be going on here. It also doesn't help or solve anything.

I am sure you are aware that some solicitors are very good and some are not. What if he gets a great solicitor who advocates on his behalf and she gets a not very good solicitor who does not advocate well on her behalf. Will the division of assets be fair and equitable? That is her concern. To find a good solicitor who will advocate on her behalf to ensure the division of assets is fair and equitable. Know of any?

 

Having been through a messy divorce myself - and so was hubby - there are two very important facts to keep in the fore of your mind at all time.

Keep all emotions out of any deals. The court are not interested in who felt they have been wronged - they are not interested that one party was a spender and the other a saver - they can only look at what was financially on the table at the time of separation and work with that.

Also - I have never seen a divorce where the parties felt financially satisfied with the outcome. The courts are turning a whole into two halves - yet each party feels entitled to the "whole". Each party will only end up with half of what they had whilst married - sometimes this is half the debt - but mostly it's half the assets ... half the value of a house - half a super fund - one gets the car while the other gets the furniture ... no matter how it's sliced, each party has to somehow rebuild the other half of what they "lost" to get back to square one.

Larrylarry was pretty right - depends on how long they've been married - who bought what into the relationship and was it documented - was there a prenup - who has custody of the kids (child support will enter there too which can be a whole other battle). Generally income earned during the marriage and future earning power doesn't enter into the divorce financials.

Best thing your friend can do is make a clean break, don't string it out as lawyers are the only ones who win from long arguments and get one with life. The best revenge is success.

 

I would say depending on what happens with kids at Family Relationship Centre or Court, then division of assets can sometimes be 70/30 or 60/40 rather than 50/50

There's also Spousal maintenance where financial support is paid to their former husband or wife in circumstances where they are unable to adequately support themselves. One partner may be the breadwinner and if the other hasn't worked for years, the former has therefore acquiesced to this deal