Fields of Family Law in Sydney
There are many areas of law as well as subsets of these in Australia. When a binding relationship disintegrates, it often results in stress filled court cases that even become hostile. Experts recommend that you hire a family lawyer in Sydney to guide you in these matters. Court cases commonly involve asset distribution, maintenance, child matters and more.
You will have to employ lawyers whose area of focus covers your situation. Family law in Sydney covers issues involving family and relationship disputes. It branches out into various fields including children’s matters, alimony, and divorce to name a few. Here are some areas and data about them.
Property settlement
Whenever a couple separates, they generally don’t intend on living together anymore. Over the course of their relationship, they may have acquired many assets such as a house, vehicles, land, cash savings and more. Upon separation, these assets are divided by the couple. They may divide this together on their own, but differences in opinion might occur.
As a result, both sides often hires an attorney. These circumstances tend to cause feelings to flare and typically become hostile. If both sides can’t come to an agreement, the court intervenes to assist in settling the matter. The judge will analyse the value of all the assets and consider several aspects.
Children’s matters
Deciding on what happens to children (below 18) after a marriage breaks down could become emotionally difficult. It’s stressful enough dividing assets, but choosing arrangements for the proper care of the child should be settled. Talks involve where the kids will reside, schooling, allowances, and such. Also included are communications involving parents and how much time each parent gets with the child.
Many factors are taken into consideration too. The relationship involving the child and parent along with the needs of the kids are included, too. Any history of violence, abuse (on the child), and the ability to deal with the kid are all considered. Again, if both parties can’t settle the matter on their own, the decision is left to the court.
Divorce
You can apply for the divorce after 12 months of separation. Child issues should be satisfied and both sides must be aware of the application.
Child Support
The child support agency usually deals with these problems. They take the earnings of both parents into account, number of kids along with other factors. Parents could handle this formally or informally. A contractual agreement is enforceable if a side does not comply with the agreement.
Spousal maintenance
Sometimes one party might not financially support themselves. Orders for spousal maintenance could be decided by both sides. If an agreement can’t be reached, a legal court will step in. The court then determines how much the party that is more financially able – will have to pay the other party. Also considered are the child’s maintenance. The court decides if a party will pay a lump sum or make regular contributions. The maintenance may last for a specific period – e.g. the other party is financially able due to a new job.
Consent Orders/ Binding Financial Agreements
It is recommended to settle family matters away from a court. When both sides have come to an agreement, it’s wise to put it in black and white. These formalised agreements are called “consent order” and are legally binding and enforceable. Hire a family lawyer in Sydney to make sure your interests are safe.
Catherine Corle is a legal consultant with links to many firms specialising in family law Sydney. For additional information about the laws mentioned in the article, read family lawyer Sydney.
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