Fields Of Family Law In Sydney
There are many areas of law and even subsets of these in Australia
. When a binding relationship breaks down, it often results in stressful court cases that even become hostile. Experts recommend that you hire a family lawyer in Sydney to assist you in these matters. Court cases normally involve asset distribution, maintenance, child matters and much more.You will have to use lawyers whose area of focus covers your needs. Family law in Sydney covers issues involving family and relationship disputes. It branches out into several fields including children's matters, alimony, and divorce for starters. Below are some areas and information about them.
Property settlement
Anytime a couple breaks apart, they often don't intend on living together any longer. During the course of their relationship, they could have acquired many assets like a house, vehicles, land, cash savings and much more. Upon splitting up, these assets are divided by the couple. They might divide this together on their own, but differences in opinion may occur.
Consequently, each side often hires an attorney. These situations usually cause feelings to flare and usually become hostile. If the two sides cannot come to an agreement, the court intervenes to assist in settling the matter. The judge will analyse value of all the assets and consider various factors.
Children's matters
Deciding what happens to kids (below 18) as soon as a marriage fails could become emotionally challenging. It's stressful enough splitting assets, but determining arrangements for the proper care of a child must be settled. Discussions involve where kids will reside, schooling, allowances, and such. Also included are communications involving parents and how long each parent gets with the kid.
Numerous elements are taken into account too. The relationship involving the child and parent along with the needs of the children are included, too. Any history of violence, abuse (on the child), along with the capability to handle the child are all considered. Again, if both parties cannot work out 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 matters must be satisfied and both parties must be aware of the application.
Child Support
The child support agency generally deals with these issues. They take the earnings of both parents into account, number of kids and other factors. Parents can 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 parties. If an agreement can't be reached, a legal court will get involved. The court then decides just how much the party that's more financially able - will have to give 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 specific period - e.g. the other party is financially able because of a new job.
Consent Orders/ Binding Financial Agreements
It is better 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 known as "consent order" and are legally binding and enforceable. Employ a family lawyer in Sydney to ensure your interests are protected.
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