Sanicki Lawyers Melbourne

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+61 3 9510 9888

Family Lawyer
Melbourne

We offer a comprehensive range of family law services, which are tailored to each client’s individual needs.

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Stephanie Hope

Divorce lawyers Melbourne families can trust

Stephanie is a Senior Associate Family Lawyer – and is the Head of the Sanicki Lawyers Family Law Team.

Stephanie has over 10 years of experience helping separated couples resolve disputes regarding parenting and property matters. She has extensive experience in all areas of family law including Family Dispute Resolution Conferences, Conciliation Conferences, Recovery Orders, Parentage testing, Spousal Maintenance, negotiated settlements, family violence and other risk-related matters, Binding Financial Agreements, Child Support matters – plus litigation in the Family Court of Australia and Federal Circuit Court of Australia.

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Blogs

Deal or No Deal – Will a Pre-Nuptial Agreement Really Protect Your Financial Position?

Binding Financial Agreements (‘BFAs’), also known as pre-nuptial agreements, allow couples to protect their individual assets and debt liability, and opt out of having their property settled by court orders, should their marriage, or de facto relationship, end. However, the case of Hoult & Hoult (2013), confirmed that unlike other Family Law remedies, such as … Continued

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Misbehaving Single Expert Witnesses – Can their conduct compromise your family report?

Family report writers are independent third parties who provide expert evidence to the court. Their knowledge, experience and skill in assessing family environments and preparing reports are extremely valuable to the Court’s decision making. However, as in all professions, some experts act unethically and breach their professional obligations. As a result, the integrity of their … Continued

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Think before you breach: Could you be in breach of parenting Orders if you are trying to protect your child from COVID?

COVID-19 travel restrictions and social distancing orders have affected families across Australia. Particularly, for families with court-issued parenting orders requiring travel, it may not be reasonably practicable to follow these orders during this time. However, unless the contravention of an order falls under the ‘reasonable excuse’ definition in section 70NAE Family Law Act 1975, serious … Continued

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Family law property services – Appeals in the Court after a decision has been made regarding a property settlement.

Many family law litigants find themselves unhappy with Orders made by the Court.  Such unhappiness may arise at the interim stage of proceedings, or at the conclusion of a final hearing after a trial. It is important to understand that Registrars and Judges in the Family Law system in Australia are specialists in their field, … Continued

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Family law property services – Applications to the Court for Enforcement of property Orders or Enforcement of a Binding Financial Agreement (BFA)

Unfortunately, from time to time a party to property Court Orders will be in default of their obligations under Court Orders or a Binding Financial Agreement (BFA). This situation can arise whether the property Orders were made by Consent or by Order of a Judge upon conclusion of a trial. (Binding Financial Agreements are always … Continued

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Family law property services – Departure prohibition Orders (cancellation of passports to enforce payment of child support debts)

The Child Support Agency (CSA) in Australia has the responsibility to ensure that child support is paid for the benefit of children, and the Federal Circuit Court of Australia and Family Court of Australia also have the power to ensure that child support debts are paid. Methods that can be employed by the Child Support … Continued

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Family law property services – DNA (Parentage) Testing, Child Support Negotiations and Child Support Agreements

Most separated parents in Australia are well aware of their obligation to support minor children. This obligation to support minor children exists whether the parents were married or lived together, or not; and whether a parent lives with or spends time with a child – or not. It is only in very rare circumstances that … Continued

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Family law property services – Spousal Maintenance Applications

Upon the end of a marriage or de facto relationship, many family law clients are surprised to learn that it is not presumed that one party will support the other party into the future as part of a final property settlement.   This is due to what is known as the “clean break” principle under Australian … Continued

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Family law property services – Drafting of Consent Orders or Binding Financial Agreements (to formalise property settlements without need to attend Court)

Fortunately for many separated couples at the end of a marriage or de facto relationship, they are able to negotiate between themselves what their property settlement should be. In those circumstances, often the only assistance the parties will need from a family lawyer is assistance to draft their agreement in a legally binding form and … Continued

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Family law property services – Mediation of property settlements

Parties can often benefit from attending a mediation in order to settle their property dispute upon the end of a marriage or de facto relationship.  Having an appropriately qualified mediator, plus experienced solicitors and evidence organised and ready in the one room for a day – can certainly assist the parties to reach agreement as … Continued

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Family law property services – Negotiated property settlements

Upon the end of a marriage or de facto relationship, it is often necessary for the former couple to pay their debts and divide their remaining assets.  Often this is something that solicitors can assist with because the parties themselves do not know their legal obligations or entitlements. Generally, parties benefit from being able to … Continued

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Family law property services – Pre-nuptial Agreements before marriage or entering into a de facto relationship

Many parties entering into a marriage or de facto relationship are worried about what will happen to their assets and liabilities if the marriage or de facto relationship ends.  In particular, a person about to get married or commence living with a partner may be concerned that they will lose assets to their partner in … Continued

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Family law pre-nuptial agreement and property settlement services now available at Sanicki Lawyers

At Sanicki Lawyers, we are pleased to offer family law pre-nuptial agreement and property settlement services to our valued clients. We know that family law property matters can be stressful. People often don’t know how to protect themselves, what their rights are, and how to make sure that children and spouses are properly provided for. … Continued

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Family law services – DNA (Parentage) testing and Child Support Agreements.

Most separated parents in Australia are well aware of their obligation to support minor children. This obligation exists whether the parents were married or lived together, or not. It is only in very rare circumstances that there is a question as to parentage and whether any child support should be payable at all – although … Continued

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Family law services – Appeals in the Court after a decision has been made by the Court

Many family law litigants find themselves unhappy with Orders made by the Court.  Such unhappiness may arise at the interim stage of proceedings, or at the conclusion of a final hearing after a trial. It is important to understand that Registrars and Judges in the Family Law system in Australia are specialists in their field, … Continued

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Family law services – Applications to the Court regarding Contraventions of parenting orders

It can be extremely frustrating for parents when parenting Court Orders have been made, but are not being complied with by the other party.  Often this will result in a party not seeing their children, or spending reduced time with their children. The Court takes very seriously breaches of Court Orders by a parent without … Continued

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Family law services – Representation in contested Court proceedings including where high conflict, risk of harm or serious parental incapacity are involved

It is inevitable that some parents will not be able to resolve their parenting disputes by consent, and instead Court proceedings will be necessary. Circumstances where a Court application may be necessary include: Allegations of risk or harm to a child or parent posed by the other parent – such as risks of family violence, … Continued

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Family law services – Hague Convention Applications

International travel is commonplace for children of separated families – whether the travel be for holidays, education or to visit family overseas. However with such travel comes the risk to some parents and children, that a child may wrongfully be taken outside of Australia, or a parent (or other care giver) may wrongfully refuse to … Continued

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Family law services – Airport Watch List Applications when there is a risk a child may be taken overseas without the consent of a parent

It is often considered a great privilege when parents can provide for their children the ability to travel internationally. This may be for the purpose of holidays, education, or to visit family overseas – amongst other things.  However unfortunately, the ability to travel overseas also sometimes will bring with it the risk that a parent … Continued

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Family law services – Urgent Recovery Applications for when children have not been returned to a parent

A matter of great stress and worry for separated parents is when children are not returned to them at a time expected after a visit with the other parent, or when a child is taken from their care by the other parent without any consent given whatsoever. In these most urgent and serious cases, a … Continued

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Family law services – Drafting of Parenting Plans and legally binding Consent Orders (without need for Court attendance)

Fortunately, many separated parents can come to an agreement regarding what arrangements should be put in place for the care of their children once they have separated, or even if they’ve never lived together.  Therefore, at Sanicki Lawyers, our Family Law Team is often asked to do the work of drafting a written Parenting Plan … Continued

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Family law services – Variation of parenting Orders

Once Final Orders are made in the Court regarding parenting matters, the Orders are presumed to remain in place until the children involved are eighteen years old.   However, of course, the needs of children change over time, as do the needs and circumstances of parents and other family members. As such, there will be times … Continued

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Family law services – Family Dispute Resolution (FDRC) representation

Under the law in Australia, it is generally required that parents with a dispute regarding the care of a child are required to attend a Family Dispute Resolution Conference (FDRC) in order to attempt to resolve their dispute before they are permitted to commence Court proceedings. There are always exceptions of course, so the Court … Continued

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Family law services – negotiation of parenting arrangements

It is often the case that despite separation, parents can come to an agreement regarding the future care of their children without need for a Judge to determine their case.  This is something that is supported by the Family Law system in Australia, and an approach that is supported fully by the family law team … Continued

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Family law services for the care of children now available at Sanicki Lawyers

At Sanicki Lawyers, we know that separation can be an extremely difficult time. That’s why our Family Law Team works hard to provide all our family law clients with expert family law advice, in language our clients can understand, and at a competitive price. Our expert family lawyers, headed by Stephanie Hope, are here to … Continued

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Children’s best interests remain the paramount consideration even if a significant change of circumstances can be shown

As was set down in the case of Rice & Asplund (1979), if a parent wishes to vary final parenting Orders and the other parent does not agree, the parent wanting to change the Orders may bring an application to the Court.  The court will then give the parent leave to continue the application through … Continued

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Court rejects any presumption that a husband is entitled to a property settlement after 20 year marriage

It is quite likely that if you asked anybody on the street whether a husband would be entitled to a property settlement after a twenty-year marriage in Australia, the answer would be a resounding yes! however as the case of Paxton [2016] makes clear, that would reveal a fundamental misunderstanding of the way property divisions … Continued

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De facto wife granted 16% of the property pool plus spousal maintenance after a five year de facto relationship

The case of Elliston & Dennell [2019] provides a very clear illustration of the principle that under the law in Australia, there is no presumption of a 50/50 division of net assets in the event of a separation. This remains the case whether the parties were married, or de facto, and the principle is especially … Continued

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Court orders repayment of child support after DNA testing confirms man is NOT the father

From time to time when a parent is asked to pay child support after separating from a spouse or partner, they may wish to confirm the parentage of a child. The importance of doing so was made clear in the 2017 case of Hallis &  Fielder where it was established by DNA testing that Mr … Continued

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Court grants immigration fraudster a nullity of a marriage – then refers her to the Department of Public Prosecutions for criminal charges

Often in family law proceedings before the Court, it will be the case that the evidence will reveal one or both parties  have not been truthful or followed all required laws.  This can relate to any number of issues, such as a party committing criminal offences, misleading Centrelink, false information in taxation documentation, business and … Continued

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Sanicki Lawyers is excited to welcome Stephanie Hope (Family Lawyer) to the team!!

Sanicki Lawyers is excited to welcome Stephanie Hope (Family Lawyer) to the team.  She will be the leader of the new Sanicki Lawyers Family Law practice group – which we are pleased to establish in response to high customer demand for family law services.  Stephanie comes to Sanicki Lawyers with over ten years experience in … Continued

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Learn more from our family law firm in Melbourne

If you would like to find out more about the services of our wills & estates lawyers Melbourne-wide, don’t hesitate to get in touch with us. One of the many things that sets us apart from other law firms is our commitment to understanding the intricacies of our client’s concerns, so we’d be happy to talk to you and offer a timely, cost-effective solution.

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  • Melbourne
    Level 2, 240 Chapel Street
    Prahran, VIC 3181
    Phone +61 3 9510 9888
  • Brisbane
    139 Gotha Street
    Fortitude Valley, QLD 4006
    Phone +61 7 3333 1844
  • General Enquiries
    hello@sanickilawyers.com.au
    Fax +61 3 9510 9888
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