Family Law


Barbaro Thilthorpe’s Family Practice

As family law specialists, we understand that there are sometimes unfortunate personal circumstances in our lives that require legal advice. This is a difficult and stressful time, which is why our lawyers endeavour to always be sensitive, sympathetic, and understanding of your situation.

We specialise in complex family law matters, which inevitably involve property and children.

Choosing to seek professional legal advice is a big decision, and our family lawyers are renowned for being approachable and compassionate, while ensuring that you are fully informed in all decisions throughout the process.

When you find yourself in a family law dispute, it is important that you seek quality legal advice as soon as possible. Our experienced family lawyers are able to provide you with comprehensive advice on all the issues that arise when you separate from your partner, including custody disputes, divorce, and the division of property and assets.


Children’s Issues

The end of a relationship is usually an emotional and difficult time. When children are involved, the parties must suddenly navigate care arrangements and the division of time while emotionally-processing the separation. This is often overwhelming and can sometimes lead to a hostile situation.

If your relationship has ended amicably and you have an agreed care arrangement, it is still important that you consult a family lawyer to ensure that your interests are preserved in the event of any unforeseen changes or future issues. Our family lawyers can draft you a Consent Minute of Order. This means that binding orders are in place, providing a ‘fall back’ in circumstances where joint parental decisions need to be made and you and your former partner cannot come to an agreement.

Unfortunately, relationships do not always end amicably. If you do not feel comfortable negotiating care arrangements with your partner, you should engage a family lawyer at the outset of your separation to commence negotiations on your behalf. Engaging our family lawyers will protect your interests; preventing the other party from dictating care arrangements and ensuring that meaningful negotiations occur.

Sometimes negotiating shared parental responsibility is not appropriate in the circumstances. This may be due to issues of domestic violence, psychological abuse, parental neglect, sexual abuse or otherwise.

If you cannot reach a suitable care arrangement, or you are seeking sole parental responsibility, it is essential to engage a family lawyer immediately to prepare and file your Application for orders with the court.


Property Issues

If you were married or in a de facto relationship and separate from your partner, it is important to seek advice from a family lawyer to ascertain your financial rights.

Assets accumulated during the relationship form part of the “joint asset pool”. Each party’s financial and non-financial contributions as well as future needs factors are relevant considerations in determining the division of the joint asset pool.

If you reach a private agreement, it is essential to engage a family lawyer to obtain Consent Orders. This will ensure that your property issues are fully and finally settled and will prevent the other party from making any future claim in respect of your property.

If negotiations are unsuccessful, we can file an Application for Property Orders on your behalf. This does not prevent negotiations from continuing and a settlement agreement may still be reached. By issuing proceedings, however, we ensure that your matter will progress and may ultimately be determined by the court, in the event that the other party does not engage in negotiations meaningfully.


Effecting Court Orders

When your family law issue resolves, the orders must be carried into effect. This can sometimes be complicated and take longer than expected, particularly in property matters which often involve the sale of real property, business re-structuring and the transfer of shares and interests.

At Barbaro Thilthorpe Lawyers, we will assist you from the commencement of your matter through to the absolute completion. If the other party is failing to comply and is in breach of court orders, we can apply to the court on your behalf to ensure that they are carried into effect.

Take the steps to protect your future and find out where you stand. Call our office on (08) 8227 0577 to make an appointment to discuss your family law matter.


Areas of Practise

Defacto Relationships

When experiencing the breakdown of a defacto relationship, seeking legal advice will allow you to understand your rights for entitlements.

Financial Rights

Advice should be sought to discuss your “joint asset pool”, which is the accumulation of assets made during the duration of your relationship.

Custody Disputes

Seeking legal counsel for your custody issues before litigation can minimise the financial and emotional burden for not only you, but your children.

Property Settlements

Ensure a fair and reasonable settlement of assets is had by not only seeking out your financial rights, but also your property rights.

Separation & Divorce

An emotional and sensitive time for most, we ensure the separation and divorce process is as seamless and stress-free as possible.

Meet Our Team

Experienced Lawyers

Ben Thilthrope
Co-founding Partner
Frank Barbaro
Co-founding Partner
Get in touch

To find out how we can assist with your Family Law matter