From spousal maintenance to relocation matters, there are a range of services that a family lawyer in Sydney can provide. Some of the most common services offered are:
In the event of a relationship ending, you may need to decide what will happen with regards to the division of property that you own together. This can be a difficult and messy process. Family lawyers in Sydney can help ease the pressure during this challenging time. They can do this by:
- Assessing property issues (such as complicated financial arrangements)
- Advise on the ideal property application
- Advise on the most likely result of the case if it proceeds to Court
- Helping both parties come to an agreement.
The Court has the power to issue property settlement orders; this is done by taking the assets of both parties into account. Both parties must fully disclose their financial position to both the other party and the Court. The Court’s orders must be fair and equitable, and based on the present and future financial and non-financial contributions of each party (such as role as homemaker).
Property settlement applications must be started before a divorce has been finalised for more than 12 months.
Child custody & child support
Family lawyers in Sydney can help determine the optimal arrangement for child custody after a divorce. This involves determining which parent the child (or children) will live with and how much time should be spent with the other parent. Arrangements must be made for the child (or children), including:
- Who the child (or children) live with
- Who the child (or children) spends time with, and the length of time
- Educational arrangements
- Travel arrangements
- Medical treatment
- Special occasions, such as Christmas and birthdays
Typically, parents reach agreement around children’s arrangements after acquiring advice from family lawyers in Sydney. If they do not reach agreement, the Court may give orders that it considers to be best for the children and/or the parents.
Solicitors can also give advice to clients on their child support obligations and child support-related matters. They can also represent you in the instance that you seek to enter into a private agreement without a child support assessment. Contact the Australian Government Department of Human Services for information on what your child support options are. Child support is assessed on a case-by-case basis, considering factors such as each party’s level of care and income.
To get a divorce, you must prove that your marriage has broken down irretrievably. You can do this with or without the other party, but you must have been separated from them for at least 12 months. A party does not need an agreement from the other party to be separated.
Divorce is the formal process of ending a marriage after a separation. It must be done by applying to the Court. If the Court decides that the legalities of the application have been met, they will grant a Divorce Order. The divorce becomes finalized one month and one day after the order has been made.
Before you apply for a divorce (in the 12 months following a separation), you can start to negotiate arrangements including property and financial settlements and parenting arrangements for children. Family lawyers in Sydney can assist you with these processes and help you create a settlement agreement. Producing a settlement agreement is the cheapest and simplest way to handle a divorce.
Whether you require assistance with child custody matters or property settlements, family lawyers in Sydney can help. Contact your local service provider for more information.