There are many areas of law as well as subsets of these in Australia.
When a binding relationship disintegrates, it often triggers difficult
court cases that even turn hostile. It’s a good idea that you hire a
family lawyer in Sydney to help you in these matters. Court cases
typically include asset distribution, maintenance, child matters and
more.
You will have to employ lawyers whose area of concentration covers
your needs. Family law in Sydney covers issues related with family and
relationship disputes. It branches out into numerous fields like
children’s matters, alimony, and divorce for starters. Below are some
areas and information about them.
Property settlement
Whenever a couple breaks apart, they usually don’t intend on living
together anymore. Throughout their relationship, they might have
acquired many assets like a house, vehicles, land, cash savings and
more. Upon splitting up, these assets are divided by the couple. They
may divide this together themselves, but differences in opinion may
occur.
Consequently, each side often hires an attorney. These circumstances
usually cause emotions to flare and usually become hostile. If both
sides can’t arrive at an agreement, the court intervenes to assist in
settling the matter. The judge will examine value of all the assets and
take into account various factors.
Children’s matters
Determining what happens to kids (below 18) as soon as a marriage
breaks down could become emotionally difficult. It’s stressful enough
splitting assets, but determining arrangements for the proper care of
the child must be settled. Discussions involve where kids will live,
schooling, allowances, and such. Also included are communications
involving parents and how much time each parent gets with the kid.
Many elements are taken into consideration too. The connection
between the child and parent as well as the wishes of the children are
included, too. Any record of violence, abuse (on the child), plus the
capacity to manage the child are all considered. Again, if both parties
can’t settle the matter themselves, the decision is left to the court.
Divorce
You could apply for the divorce after 12 months of separation. Child
matters must be satisfied and both parties must be aware of the
application.
Child Support
The child support agency normally deals with these problems. They
take the income of both parents into account, number of kids and other
factors. Parents could handle this formally or informally. A contractual
agreement is enforceable if a side does not follow the settlement.
Spousal maintenance
Sometimes one party may not financially support themselves. Orders
for spousal maintenance could be agreed by both parties. If an agreement
can not be attained, a legal court will intervene. The court then
decides just how much the party that’s more financially able – will have
to pay the other party. Also considered are the child’s maintenance.
The court decides if a party pays a lump sum or make regular
contributions. The maintenance can last for a certain period – e.g. the
other party is financially able due to a new job.
Consent Orders/ Binding Financial Agreements
It is wiser to settle family matters away from a court. When both
parties have come to an agreement, it’s wise to put it in black and
white. These formalised contracts are called “consent order” and are
legally binding and enforceable. Employ a family lawyer in Sydney to
make sure your interests are safe.