Family Lawyers Campbelltown
The breakdown of a family unit is one of the most stressful times a person can face in life. It’s generally a time of frustration, anger and sadness, all at a time when you also need to make arrangements for moving your life forward. When there are children from the relationship, the whole situation is even more complicated.
Speak With Our Campbelltown Family Law Experts
Expert legal advice on family law from understanding, compassionate professionals is essential in getting you through this period. That’s what our team at Family Lawyers Campbelltown provide in all of the family law areas we briefly outline below.
Separation Lawyers Campbelltown
Separation differs from divorce in that all that is required is one party to a relationship tells the other that it’s over.
If the separation results in divorce proceedings, the parties will need to show evidence that they have physically and financially separated, even if they continue to live under the same roof.
Seek legal advice if you’re unsure of this distinction, or how to demonstrate it with evidence.
Divorce Lawyers Campbelltown
To be eligible to apply for divorce, you must first show that you were legally married, that the union has broken down irretrievably, and that you’ve been separated from your ex-partner for a period of at least 12 months. You must also show there’s no prospect of reconciling.
In addition, you must be an Australian citizen, permanently live in Australia, be ordinarily resident in Australia or have been for a year prior to the filing of the application.
You can apply for divorce jointly or on your own. There are some legal differences if make the application solely, so legal guidance should be sought before making this decision.
Parenting After Separation in Campbelltown
Working out arrangements for raising children from a relationship that has broken down is one of the most difficult aspects of separation and divorce. Under the Family Law Act couples must undertake dispute resolution (with some exceptions) before seeking orders from the court about parenting issues.
A court’s primary main priority under the Act is the best interests of the child. This includes an assessment of a number of factors, including the benefit of the child/ren having a meaningful relationship with both parents, the effect of any change in living arrangements on the child/ren and, depending on the age of the children, the wishes of the child.
The assessment about how much time a child spends with each child can also be complex, and legal advice is essential.
Certain presumptions about equal shared responsibility for children may not apply where there are issues of family or domestic violence.
Child Custody Lawyers Campbelltown
Under the Family Law Act, a number of actors are considered in working out what is in the best interests of a child.
These include the benefit of a child having a meaningful relationship with both parents; how a changed living arrangement may affect a child; whether threats of family violence or other harm are present; and the lifestyle, maturity and background of both children and parents.
Children in their teens may also have their own wishes regarding parenting taken into consideration depending on their maturity and understanding.
Child Relocation Lawyers Campbelltown
When one parent wishes to move a child to a place that is not convenient to the other parent, conflict can often be the result. This is a complex matter and requires specialist legal advice.
The parent who wishes to move can apply to the court for relocation orders. The court will consider whether moving would be detrimental to the child and their relationship with the other parent.
Relocating a child out of Australia is an even more complex issue, potentially involving international law provisions, and expert legal guidance from Family Lawyers Campbelltown should be sought.
Child Recovery Orders
Where one parent removes a child without the consent of the other parent or fails to return a child at an agreed time, recovery orders can be applied for from the court and heard urgently if required. These orders can also be used to prevent one parent from removing a child to an overseas location.
Binding Child Support Agreements Campbelltown
These agreements are reached between separating or divorced parents allowing them to flexibly work out the best financial arrangement for supporting the raising of their children. An agreement may provide for the main ‘breadwinning’ parent to pay periodic and non-periodic payments to the primary caregiving parent for the purposes of feeding and clothing a child, as well as for ad hoc expenses such as school costs, medical and dental treatment, and entertainment.
Binding Financial Agreements
These agreements exist outside the family law system and act like a contract between a married or de facto couple. They are sometimes colloquially called ‘pre-nups’. They can be entered into before, during or even after a relationship, and provide detail on how the property and financial assets of the parties (as well dealing with superannuation, debts and maintenance) will be divided if and when the relationship ends.
It’s very important that legal advice is sought before either creating or signing a binding financial agreement, so as to prevent costly, length and stressful legal action should the terms of the agreement later be challenged by one party.
Property Settlements After Separation Campbelltown
There are a number of steps to be worked through when it comes time for an ex-couple to fairly divide assets from a relationship. Identifying what items should be considered as part of the asset pool from the relationship is the first step. This may comprise the family home, investment properties, savings and investment accounts, shares, superannuation, vehicles/vessels, business interests, inheritances, and debts and other liabilities.
Next it must be worked what each party contributed to the relationship, financially but also contributions of time and effort in homemaking and/or child-rearing. The court then considers the future needs of each party and what division would be ‘fair and equitable’ in the circumstances.
The question of spousal maintenance may also be considered as part of the property settlement.
Settling Matters Outside of Court
Going to court should be a last resort in family law matters. At Campbelltown family lawyers, we can help you avoid the stress and cost of legal action by helping you achieve an out-of-court settlement with your former partner.
Family law matters can be very taxing on your time and your emotions. At Campbelltown Family Lawyers, we’ll take the stress and worry out of helping you achieve a resolution to your family law matter.
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