Wills and Estates 2022

From probate and estate administration, to challenging wills, aged care and elder abuse, Antunes Lawyers has the right legal skills to guide, care and deliver great outcomes with a human touch.

If you need help in Wills and Estates, rest assured that Antunes Lawyers has the expertise and the compassion to make sure the right result is achieved, as fast and smoothly as possible.  

There’s more to the Wills and Estates area of law than meets the eye. Because it’s not just about who you leave money and things to, Wills and Estates legal framework enables you to plan the future and care for loved ones with tailored strategy around legal, financial and medical matters.

For decades Antunes has been helping people from all walks of life navigate the complex legal paths around wills, powers of attorney, guardianships, aged care and estate planning. Which means that when you engage us, you know you have an expert by your side, with a finely tuned human touch.

Talk to a Wills and Estate professional, for free.

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A team of passionate Family Law specialists, at your service

In Wills & Estates, there’s no room for mistakes. 

There are few areas of law that are so sensitive and impactful than Wills and Estates, so when you choose the right people to help in your matter it pays to make sure they can prove they know what they’re doing. Because when it comes to Wills and Estates, there’s no room for mistakes.

Challenging wills. Power of attorney. Guardianships. Probate and estate administration. Aged care. Retirement villages. Elder abuse. Wherever you need help in Wills and Estates, Antunes Lawyers has a first-class legal specialist on hand to help make sure things go the way you need them to.

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Sharpened expertise across every aspect of Wills & Estates

women meeting

Does Your Company Need a Power of Attorney?

Have you ever considered what would happen to your company if you lost your capacity to make decisions? Even if you have a personal Enduring Power of Attorney in place, it doesn’t give rights to your…

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Is an Estate Required to Pay Tax?

In the event than an estate receives an income greater than the tax-free threshold, the executor has a statutory obligation to lodge a tax return.

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Unable to locate the beneficiaries in a Will?

Unable to locate the beneficiaries in a Will?

Executors are legally required to distribute estate assets to beneficiaries in accordance with the terms of a Will. This can be if an executor is unable to locate or identify beneficiaries.

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Talk to the Wills and Estates experts today, put yourself in safe hands

Call 02 9964 0499 now or fill in this form.

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International Family Law

Wherever in the world you, your children or your assets may be, Antunes Lawyers makes it our business to know how International Family law will affect you.

From property and asset settlements, to spousal maintenance and applications for the return of children from foreign nations, you need an International Family Law expert by your side.

As each year passes our world becomes more multicultural, and much ‘smaller’ in terms of travel and global economics, so more and more Australians find themselves in relationships with finances and children based in other countries. So if the relationship ends, family law can be complex.

Love may be universal, but Family Law is not. Which means when it comes to enforcement, jurisdiction and proceedings relating to your overseas circumstances, you’ll need a true International Family Law specialist to help you navigate the complicated legal seas between different nations.

Talk to an International Family Law expert, for free

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Our International Family Law specialists are here to help, wherever you are.

  • You need help with property settlements or asset ownership across different countries
  • You need help with parenting arrangements where the parents live in different countries
  • You need help with child support and payment issues across international borders
  • You need to initiate an application for the return of children under the Hague Convention

Talk to Antunes

Family law latest news and resources

child support agreement requirements

For a child support agreement to be binding, it needs to meet certain requirements

Antunes Lawyers can prepare a Binding Child Support agreement, ensuring all the requirements are met and the agreement is enforceable.

Read More

When should I review and update my Will?

Is your Child Support Agreement binding?

In this closer look at Binding Child Support Agreements, let’s follow a real-life mum and dad on their journey to Federal Circuit Court and see if their agreement is actually legally binding.

Read More

binding child support agreement

What is a Binding Child Support Agreement?

Child support in Australia is governed by the Child Support (Assessment) Act 1989 (Cth) (‘the Assessment Act’), and is administered, collected and enforced by the Child Support Agency……

Read More

Talk to the International Family Lawyers today, feel better about tomorrow

Call 02 9964 0499 now or fill in this form.

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Negotiations and Mediation

The best result you could wish for in any Family Law matter is successful negotiations and mediation without needing a Court decision, so Antunes Lawyers specialise in making it happen.

From sensitive parenting and custody mediations, to complex finance agreements and property negotiations, the legal guidance you choose makes all the difference.

As crucial as the Court can be in settling personal and parenting disputes, your lawyer should be constantly looking for opportunities to negotiate or mediate a situation between all parties outside of Court – be that at the beginning or any other stage of proceedings.

In addition to being quicker, cheaper, less inconvenient and less stressful, a successful negotiation or mediation can leave all parties concerned much happier with the outcome, because it’s empowering to be part of a solution that doesn’t involve being told what to do by the legal system.

Talk to experts in negotiation and mediation, for free

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From matters of the heart to dividing assets, we can help in all negotiations & mediation.

Part of being an effective, supportive Family Law specialist is knowing when the lawyer should even be in the room, or whether the parties should be alone, or with independent mediators, or one of many other professional organisations designed to assist the negotiation or mediation process.

So in addition to decades of negotiating and mediating ‘in-the-room’ expertise, Antunes Lawyers has a huge network of first class professional experts and organisations to connect you with, which are dedicated to helping you reach a successful outcome before needing to go to Court.

If parenting meditation won’t work, you need to know this before going to Court.

The Family Law Act requires separated parties who have a dispute in relation to children to make a ‘genuine effort’ to resolve the dispute before filing a Court application (there are special exemptions for urgent cases that may involve family violence or child abuse).

This ‘genuine effort’ is certified by a Section 60i Certificate, which is issued by an accredited mediation agency should the mediation process fail. Please get in touch with us anytime to find out more about how we can help you in Court proceedings, or visit our child and parenting page.

Talk to Antunes

Family law latest news and resources

child support agreement requirements

For a child support agreement to be binding, it needs to meet certain requirements

Antunes Lawyers can prepare a Binding Child Support agreement, ensuring all the requirements are met and the agreement is enforceable.

Read More

When should I review and update my Will?

Is your Child Support Agreement binding?

In this closer look at Binding Child Support Agreements, let’s follow a real-life mum and dad on their journey to Federal Circuit Court and see if their agreement is actually legally binding.

Read More

binding child support agreement

What is a Binding Child Support Agreement?

Child support in Australia is governed by the Child Support (Assessment) Act 1989 (Cth) (‘the Assessment Act’), and is administered, collected and enforced by the Child Support Agency……

Read More

Talk to the Negotiations and Mediation Lawyers today, feel better about tomorrow

Call 02 9964 0499 now or fill in this form.

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Binding Financial Agreements

If you’re not married but would still like some clarity and confidence around finances in your relationship, Antunes Lawyers has been drafting Financial Agreements for decades.

From asset, property and liability ownership, to super, inheritance and child support, Financial Agreements cover every corner of relationship finances – informed legal advice is a must-have.

If you’re in a committed, long term relationship but not married, you and your partner can use a Binding Financial Agreement to give you certainty and peace of mind about what happens with any aspect of your financial life, in the event your relationship ends.

Whether you want to negotiate a new Financial Agreement, end one or challenge one, with a relationship finance expert from Antunes Lawyers by your side you’ll have the reassuring peace of mind knowing you’ll get the best possible outcome.

Talk to a Financial Agreement expert, for free

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How Antunes Lawyers can help you with Binding Financial Agreements

  • You want to discuss the advantages and disadvantages of Financial Agreements
  • You need help in negotiating, preparing and finalising a Financial Agreement
  • You want to discuss and get expert opinion on an existing Financial Agreement
  • You have issues with or want to commence legal action on an existing Financial Agreement

A Binding Financial Agreement can be a reassuring legal framework that lets you go forward in your relationship with true peace of mind… you just need to have the right legal help.

Talk to Antunes

Family law latest news and resources

what is spousal maintenance

What is Spousal Maintenance? Am I entitled to spousal maintenance? Do I have to pay spouse maintenance?

Spousal maintenance, or de facto maintenance, is a form of financial support paid by one party to a marriage or relationship to the other.

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Discrete property list

Is your matter eligible for the Discrete Property List – saving you time and money?

The Discrete Property list is for matters where the parties are seeking financial orders only. The aim of this list is to attempt to deal with matters in a cost-effective way and without lengthy…

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Asset protection in marriage

A Financial Agreement made between the members of a marriage or de facto relationship is binding by law. The Court will not interfere with how the Agreement divides the property and assets between…

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Talk to the Financial Agreements Lawyers today, feel better about tomorrow

Call 02 9964 0499 now or fill in this form.

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De Facto Couples

When it comes to the law around de facto relationships, Antunes Lawyers are hard to beat in terms of understanding, expertise and positive outcomes.

From defining a de facto relationship and negotiating financials, to separation and property settlements, you’ve come to the right place for the best legal help.

Whether or not you’re in a de facto relationship as far as the law is concerned depends on a number of factors, so when it comes to financials, property, children and separation, it’s imperative you have the right legal help by your side.

And it doesn’t matter what your individual circumstances are, delivering a successful de facto legal outcome is about having a deep understanding of how the law applies across your daily life. At Antunes Lawyers, there’s nothing we don’t know about de facto.

Talk to a De Facto professional, for free

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Things to think about in De Facto relationship law

  • How long has the relationship been ongoing?
  • Is there a child born from the relationship?
  • Has one made notable financial or non-financial contributions to the other’s property?
  • Does one of you financially support the other?
  • Are other people aware of your relationship?
  • Is the relationship registered with the relevant state or territory?
  • What is the degree of commitment to a shared life you each have?

Once your relationship is defined as De Facto, the law applies to property, parenting and financials in the exact same way as if you were married.

Talk to Antunes

Family law latest news and resources

what is spousal maintenance

What is Spousal Maintenance? Am I entitled to spousal maintenance? Do I have to pay spouse maintenance?

Spousal maintenance, or de facto maintenance, is a form of financial support paid by one party to a marriage or relationship to the other.

Read More

Asset protection in marriage

A Financial Agreement made between the members of a marriage or de facto relationship is binding by law. The Court will not interfere with how the Agreement divides the property and assets between…

Read More

Is Child Maintenance tax deductible?

When a marriage or de facto relationship breaks down and there are children involved, you may find yourself having to pay child support. Child support payments are not tax deductible and if you’re…

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Talk to the De facto and Same Sex Couples Lawyers today, feel better about tomorrow

Call 02 9964 0499 now or fill in this form.

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Spousal Maintenance

If your marriage or de facto relationship ends and one of you is unable to support yourself, Spousal Maintenance payments may come into play.

There are many moving parts to spousal maintenance which govern whether you or your partner are liable to pay it, so it’s a wise move to engage expert legal guidance right at the start.

Put very simply, if you’re in a marriage or de facto relationship that ends, you have an obligation to support the other party, to the extent that you are able, if they are not able to support themselves – particularly if one person’s inability to survive financially is linked to their role in the relationship.

For example, the traditional scenario of one partner being primary ‘bread winner’, and the other being primary ‘care giver’, means the care giver is often without financial means or skills to earn when the relationship ends – even though their contributions are equal in the eyes of the law.

Discuss where you sit with Spousal Maintenance, for free

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What factors will feed into your Spousal Maintenance outcome?

Spousal Maintenance – known as De Facto Partner Maintenance if you’re not married – is a simple legal philosophy, but the factors that feed into what defines your obligations to one another can get complex.

In assessing a party’s liability to pay, the Court will consider:

  • Age, health, physical or mental incapacity
  • Income, property and financial assets
  • Ability to work
  • Suitable standards of living
  • If the relationship has affected ability to earn income
  • If there are children of the relationship and with whom the children live

The main things you need to know about Spousal Maintenance:

  • Applications can be made independently or at the same time as property applications
  • Spousal maintenance payments are normally periodic payments over a defined period
  • Other payments can take the form of lump sums, mortgage payments and ad-hoc expenses
  • Urgent applications can be made to the Court if a party needs urgent financial assistance
  • From marriage, applications must be made within 12 months of finalised divorce
  • From de facto, applications must be made within two years of the relationship ending

Remember, Spousal Maintenance is not forever

In recognition of the ‘clean break’ principle in Family Law, Spousal Maintenance payments are not long-term in nature and usually cease upon a specified date or event occurring, such as a party’s remarriage, or forming of another a de facto relationship, or upon obtaining employment or completing study.

Talk to Antunes

Family law latest news and resources

what is spousal maintenance

What is Spousal Maintenance? Am I entitled to spousal maintenance? Do I have to pay spouse maintenance?

Spousal maintenance, or de facto maintenance, is a form of financial support paid by one party to a marriage or relationship to the other.

Read More

consent orders

What are Consent Orders and how can I apply for them?

There are risks to leaving any agreement on parenting or property arrangements undocumented. Consent orders protect both parties.

Read More

divorce in Australia marriage overseas

How to get divorced in Australia if you were married overseas?

If you were married overseas you are still able to apply for a Divorce in Australia, provided certain conditions are met. The experienced specialist accredited family lawyers at Antunes can assist…

Read More

Talk to the Spousal Maintenance Lawyers today, feel better about tomorrow

Call 02 9964 0499 now or fill in this form.

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Property Settlements

Married or de facto. Amicable or hostile. In the red or the black. Whatever moving parts make up your property settlements, Antunes Lawyers has the keys to the best outcomes.

When it comes to property settlements at the end of a marriage or de facto relationship, it’s a smart move to make sure you have the right legal expertise by your side – right from the start.

In almost every scenario, the best possible property settlement at the end of a marriage or de facto relationship is one which is made by amicable agreement between the parties themselves, then ‘rubber stamped’ by your legal help in an Application for Consent Order or Financial Agreement.

If your settlement looks like it might be that simple, give us a call and we’ll show you the smartest route through the process. Alternatively, if the complexity of the matter or fundamental disagreements mean Family Court is the only way forward, we can guide you there too.

Talk to Property Settlement specialists, for free

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Before you begin negotiations for property settlements…

…bear in mind that all assets and debts held by you and your former partner are taken into consideration. Items like cars, shares and even furniture can count towards a final settlement amount. To make sure you don’t get caught out, get advice from property settlement specialists.

Talk to Antunes

Family law latest news and resources

consent orders

What are Consent Orders and how can I apply for them?

There are risks to leaving any agreement on parenting or property arrangements undocumented. Consent orders protect both parties.

Read More

family unit trust

Do you own property in a fixed unit trust? Are you receiving the benefit of the land tax threshold?

If you own property in a fixed unit trust, you may not be receiving the benefit of the land tax threshold in circumstances where Revenue NSW have assessed the trust as a “special trust”. Find more…

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Discrete property list

Is your matter eligible for the Discrete Property List – saving you time and money?

The Discrete Property list is for matters where the parties are seeking financial orders only. The aim of this list is to attempt to deal with matters in a cost-effective way and without lengthy…

Read More

Talk to the Property Settlements Lawyers today, feel better about tomorrow

Call 02 9964 0499 now or fill in this form.

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Separation and Divorce

Separation or divorce can be a distressing, emotional experience, so you’ll feel better having an expert like Antunes Lawyers look after the legal paperwork for you.

The law around separation and divorce can be complicated, with many a blind spot to beware of, so it’s a smart idea to have to have a specialist legal mind by your side.

It’s true that these days separation or divorce can be a relatively simple process, but there are still plenty of myths and misunderstandings about how the law works. And you can still find yourself at a disadvantage if you don’t have a Family Law expert help you navigate the right way through.

For example, a finalised divorce means you are no longer married under the law, but the act of divorce itself does not affect property, finance or parenting – all of which must be treated separately, either with an agreement by consent or by Order from a Judge.

Discuss the law around separation or divorce, for free

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With you every step of the way on your journey to a new life.

Separation or divorce is a daunting process which can take a lot of out of you and your children both emotionally and physically, so at Antunes Lawyers we have developed our Family Law services to ensure there’s a strong foundation of understanding and support in what we do for you.

Above all else, it’s important to remember that your separation or divorce may mean the end of one relationship and an upsetting period of time, but if you have the right legal help the path ahead can be a smooth, seamless transition into the next exciting phase of your life.

Talk to Antunes

Family law latest news and resources

consent orders

What are Consent Orders and how can I apply for them?

There are risks to leaving any agreement on parenting or property arrangements undocumented. Consent orders protect both parties.

Read More

divorce in Australia marriage overseas

How to get divorced in Australia if you were married overseas?

If you were married overseas you are still able to apply for a Divorce in Australia, provided certain conditions are met. The experienced specialist accredited family lawyers at Antunes can assist…

Read More

date of legal separation

What is my ‘date of separation’?

The date of separation is the date that one, or both, of the parties to the marriage decided that the marriage was over and is often characterised by one party leaving the former matrimonial home.

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Talk to the Separation and Divorce Lawyers today, feel better about tomorrow

Call 02 9964 0499 now or fill in this form.

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surrogacy and adoption

Surrogacy and Adoption

Surrogacy and Adoption are highly complex, emotionally charged events with crucial legal implications across your life. Ask Antunes Lawyers for help along on your journey.

From the simplicities of a heart-felt Adoption, to the complexities of Altruistic Surrogacy, experts at the leading-edge of the law are waiting to help you find the right way to happiness.

All you need to know about Adoption

In simple terms, Adoption is an application from parties who are not the biological parents to be legally awarded parental responsibility of a child. The most important thing to know about Adoption laws in Australia is that they are governed by the legislation of each State and Territory.
If the application is successful, the adopted child automatically assumes the same rights, privileges and responsibilities that a child born to its biological parents would have, and the adopting parents have full parental rights as if they were the biological parents.

The big state-by-state differences in Adoption:

  • Single parents can adopt a child anywhere in Australia, except Victoria.
  • Same sex couples can adopt a child anywhere in Australia, except the Northern Territory.

If you’re thinking about Adoption, talk to Antunes Lawyers – for free

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The legal expertise you need for a smooth Surrogacy

Put simply, Surrogacy refers to an arrangement for a woman to become pregnant, with the intention to give the child to another person or couple when they are born.

There is a presumption in Australian law that when a woman gives birth to a child, she and the biological father are parents of that child. So, the starting point of Surrogacy in Australia is that it’s illegal.

But a Parentage Order, as regulated by State and Territory governments, can be obtained by consent to legally facilitate the desired Surrogacy Agreement.

The two sides of Surrogacy

Altruistic Surrogacy

✔ Legal in Australia

Altruistic Surrogacy is where the surrogate mother receives no compensation or payment for the act of carrying and delivering the child, although the mother can be reimbursed for certain medical and legal expenses associated with the pregnancy.

Altruistic Surrogacy agreements are generally unenforceable contracts, but they are a prerequisite to apply for a Parentage Order.

Commercial Surrogacy

✘ Not Legal in Australia

Commercial Surrogacy is illegal in all states in Australia and in many other countries. This acknowledges the exploitation risks to the child and surrogate mother – risks that are shown to cause harm in many high profile international commercial surrogacy agreements.

The advice in relation to Commercial Surrogacy is don’t do it. Instead, talk to a Surrogacy legal professional about a better way.

Talk to Antunes

Family law latest news and resources

child support agreement requirements

For a child support agreement to be binding, it needs to meet certain requirements

Antunes Lawyers can prepare a Binding Child Support agreement, ensuring all the requirements are met and the agreement is enforceable.

Read More

When should I review and update my Will?

Is your Child Support Agreement binding?

In this closer look at Binding Child Support Agreements, let’s follow a real-life mum and dad on their journey to Federal Circuit Court and see if their agreement is actually legally binding.

Read More

binding child support agreement

What is a Binding Child Support Agreement?

Child support in Australia is governed by the Child Support (Assessment) Act 1989 (Cth) (‘the Assessment Act’), and is administered, collected and enforced by the Child Support Agency……

Read More

Talk to our Adoption and Surrogacy Lawyers today, feel better about tomorrow

Call 02 9964 0499 now or fill in this form.

  • This field is for validation purposes and should be left unchanged.

parenting and children

Parenting and Children

From urgent intervention orders and court hearings, to long term child custody and financial agreements, parents and carers come to Antunes Lawyers for expertise and true care.

Whatever’s going on in your personal life, the best thing you can do for your children is engage help from specialist legal professionals who understand and plan to protect their emotions.

Disputes involving children are often highly charged and always deeply upsetting, and the huge negative impacts of separation and divorce on the little ones are very well documented. So it’s important that your legal help understands how to keep those effects to the bare minimum.

Who your child lives with, and where? Who your child spends time with, for how long and in what circumstance? Who has ultimate responsibility for your child’s welfare, and where do they go to school? How does school holiday and overseas travel work? This all needs working out, ASAP.

Talk to a Family Law professional, for free.

Talk to Antunes

True child and parenting expertise, across the whole legal landscape

After decades representing parents and their children, Antunes Lawyers understands that no two cases are the same.

We take a collaborative, holistic approach, making it our business to know every corner of the law, actively involving third party support to secure the best outcomes.

In many cases parenting issues can be resolved through successful negotiation or mediation outside of the legal system – if you haven’t tried that path yet, read more about how we can help with negotiation and mediation. Inside the legal arena of child and parenting, our expertise includes.

  • Urgent interventions
  • Urgent recovery orders
  • Breach of existing court orders
  • Pre-court negotiations
  • Risk of harm to children
  • Supervised parenting times
  • Drug abuse concerns
  • Dispute resolutions
  • Family violence and abuse
  • Mental health issues
  • Parenting arrangements
  • Family or Federal Circuit Court
Talk to Antunes

Family law latest news and resources

child support agreement requirements

For a child support agreement to be binding, it needs to meet certain requirements

Antunes Lawyers can prepare a Binding Child Support agreement, ensuring all the requirements are met and the agreement is enforceable.

Read More

When should I review and update my Will?

Is your Child Support Agreement binding?

In this closer look at Binding Child Support Agreements, let’s follow a real-life mum and dad on their journey to Federal Circuit Court and see if their agreement is actually legally binding.

Read More

binding child support agreement

What is a Binding Child Support Agreement?

Child support in Australia is governed by the Child Support (Assessment) Act 1989 (Cth) (‘the Assessment Act’), and is administered, collected and enforced by the Child Support Agency……

Read More

Talk to the Family Law professionals today, feel better about tomorrow

Call 02 9964 0499 now or fill in this form.

  • This field is for validation purposes and should be left unchanged.