Michael Headifen has been practising Law for over 20 years. He was educated at Christ's College and Canterbury University, and is married with four children. Michael specialises in matrimonial, relationship and all Family Court matters including adoptions, disputes over children (custody and access), property disputes between married or defacto couples, estate claims, contesting wills, family protection and testamentary promise claims. He also undertakes Accident Compensation and medical misadventure work. Michael is a senior member on the counsel for the child list (these are layers appointed by the Courts to represent children).
Costs of Legal Services
Cost of legal services are dependant on several factors which include complexity of matters, urgency and the expertise. I also undertake work on legal aid. I am cost effective and endeavour to conclude matters promptly.
Children
Custody and access cases make up the majority of the care arrangements for the children and these are based upon the welfare of the child. I am experienced in representing children as their lawyer in all matters. I also act for parents in adoptions, custody and access disputes, guardianship issues including relocation, immunization, education and Hague convention cases. I have acted for grandparents, parents and children in child youth and family matters.
Property matters
The Property (Relationships) Act applies to all persons who are either married or live in a defacto relationship. The new Property (Relationships) Act has new provisions, but generally provides that people who have lived together for three years or more share the relationship home. There are exceptions to this and there are rules in respect of the same.
There are also issues, which now arise, where the Court has discretion to award a party a greater share if certain provisions are met. I am experienced in all these issues and if necessary will us e the Court to conclude the matter. Parties can also contract out of the act by agreement. I am experienced in preparing and advising on "prenuptial" agreements.
Estate claims
Estate claims are able to be brought where proper provisions are not made for family under the person's will. These are called family protection claims and the Court has the power to change the will or to rectify the will to correct the injustice.
Testamentary promise claims may also be brought where people have performed services in respect of a promise by the deceased and that promise has not been met in the person's will. Advice is important in these areas, as it can be an expensive exercise if you are not successful.
General
Matrimonial, relationship and estate issues are complex and emotionally demanding and time consuming for those involved.
Many of the issues are resolved out of Court and it is important for all parties to have a say and control in the final decision making process. I actively pursue out of Court settlements and alternative resolutions, but do so in conjunction with the Court process.
Please telephone me or email me if you which to make an appointment to discuss matters further. Appointments can be made to suit yourself and I will return all enquiries promptly. If you are overseas then I am able to deal with the matter by way of email and have conducted many cases this way.
