Family Law

Who Gets Child Custody
Categories Family Law

How Does The Court Decide Who Gets Child Custody?

If you ask your divorce lawyer at familylawassist.com.au which aspect of handling a divorce brings the most amount of stress and upset for their clients, many of them will tell you it is custody of the children. Sadly, when going through a divorce, some parents see their children either as assets or as weapons which they can use against their ex-spouse.

This is not to say that they do not love or care for their children, but as often happens, they lose sight of what is in the best interests of their children, when seen within the context of a divorce, especially if that divorce is acrimonious.

The good news is that when it comes to the custody of children, disagreements that end up being decided in court, are actually in the minority. Thankfully, most parents are able to agree with regards to custody and visitation, often through meetings and negotiations which are conducted through their respective legal representatives.

Another service that can be helpful in enabling the parents to come to an agreement is family mediation. These can provide both parents with advice and can introduce options such as family group sessions, where family and friends of the couple can offer ideas and contribute to the discussion.

Continue reading ➞ How Does The Court Decide Who Gets Child Custody?

Financial fallout after Separation
Categories Family Law

Worried about the Financial fallout after Separation?

Given the reality that nearly a third of marriages end in divorce, it’s important to be aware of the financial fallout after divorce. Family Lawyers Perth can help you approach the situation in a systematic manner and this helps reduce the trauma and stress. Once the partners make a decision to end a relationship, the process can be a long, complex and tedious one. It’s always a good idea to have a valid BFA (Binding Financial Agreement) in place. Even if you do have a BFA to refer to, you may wish to seek competent legal guidance to help you negotiate the best terms. According to the Australian Family Act of 1975, a pre-nuptial agreement (like a BFA) will contain rights, responsibilities of each partner which makes it easier to move forward towards amicable and speedy solutions.

Confusions and altercations often result in long-drawn court battles that lead to steep expenses and prolonged stress. Divorce is one of the most traumatic events and it pays to have experienced assistance on your side. It’s natural to feel anxious about such a big change in your life and the attendant feelings of insecurity. The process of divorce involves planning for short-term as well as long term. Moreover, proceedings are often fuelled by anger and resentment and take much longer to resolve. A family lawyer can help you understand your situation and approach matters in a logical manner.

If you’re going through a divorce, a reliable lawyer can help you in many ways including:

  • Significant reduction in court and financial costs
  • Amicable resolution for problems and moving towards mutually acceptable solutions
  • Greater understanding and insights regarding your rights and duties
  • Improved communication with your partner on important issues such as alimony, property settlement, custody and so on

Every marriage, relationship and consequently, every divorce is different and requires a different approach. Talking to a trustable lawyer can help you decide on an approach that works best for you. It’s always better to opt for out-of-court settlements as the judiciary process may take much longer and the results may not always be acceptable. There are certain conditions under which Australian courts may declare the financial agreement to be null and void. To avoid such situations, it’s best to hire affordable legal services to protect your best interests.

Continue reading ➞ Worried about the Financial fallout after Separation?

Feeling Overwhelmed
Categories Family Law

Is Divorce leaving you feeling Overwhelmed?

A Reliable Lawyer can take Care of the Legal Legwork

Even if you are frustrated with your relationship and wish to leave your partner, divorce is never an easy process to deal with. By hiring experienced family lawyers, you can make informed decisions without feeling flustered and resentful. The decision to end a relationship sets off a long and often tedious process and even in the absence of upheavals, it’s still a difficult process at best. The adverse effects not only impact the spouses or partners but also children, parents, grandchildren and extended family. Many family members sometimes must experience a reduced standard of living due to diminished economic resources.

If you are thinking of filing for divorce, you may wish to consider consulting with a lawyer before you make the final decision. This way, you will have a better idea of the legal and financial consequences and options available to you. If you make the decision to proceed with the divorce, there are several steps that you will need to execute. In addition, you will have to provide information about minor children, prior financial agreements, date of separation and so on. You need to know where to go, which documents to file, what information to provide and so on. Seeking expert legal advice can be invaluable because your lawyer will ensure that your best interests are protected at all times. He or she will be happy to take care of all the run around and legwork that will ensue, thus leaving you free to attend to other important matters.

Continue reading ➞ Is Divorce leaving you feeling Overwhelmed?

Valid Will
Categories Family Law

Are the Right Beneficiaries Going to Inherit Your Assets?

How to Create a Valid Will

After having working hard all your life to acquire monetary, property and other assets, you want to make sure that your hard earned estate should go to the right beneficiaries. Reliable Wills lawyers can hep you make a legally valid and comprehensive Will that leaves no room for ambiguity and confusion.

In order to create a legally valid Will, you need to ensure that the Will exists in writing and it should be signed by two (or more) legitimate witnesses. The following points describe the basic requirements for being a witness to a Will document.

Continue reading ➞ Are the Right Beneficiaries Going to Inherit Your Assets?

Divorcing
Categories Family Law

Divorcing When You Own A Business

Starting your own business can be one of the most exciting and rewarding experiences of your life.  The company often represents your blood and sweat from years of hard work.  After spending so much time focused on succeeding, worrying about every dime and customer, it can be frightening to think how a divorce might interrupt or even jeopardize all your efforts.  In addition to the tips included in this article, seeking the advice of experienced family lawyers is always a good idea.

Here are a few key tips to remember if you own a business and are considering divorce.

  • The Business Is A Marital Asset: You might be familiar with a concept called “community property” which means that all property acquired during a marriage belongs to the marital community, ie; you AND your spouse.  You may say, “but what if my spouse did nothing to contribute to the business” or “he/she was never involved and doesn’t even know how the business operates”.  All that may be true, but in the end, if the business was created, or even just grown, during the marriage it belongs wholly or partially to the other spouse.

What does that mean?  Will a judge order the business liquidated just to split the value between the parties?  Not necessarily.  The court is interested in an equitable division of the assets, and that leaves plenty of wiggle room for what a judge may order.  For example, continuing to run the business may be the only way to properly divide its worth between the parties.  A payout over time to one spouse is a commonly used device.  Or, re-financing may be the best course of action, where a spouse uses a bank loan to “buy-out” a spouse and therefore retain control and ownership over the business.

The key point here is that there are many viable options to choose from when it comes to dividing a business in a divorce, most importantly is choosing a family lawyer that will be able to help you navigate these issues.

Continue reading ➞ Divorcing When You Own A Business

Seperating Assests
Categories Family Law

Dividing Household Contents After A Divorce

Unfortunately, there are a lot of downsides when it comes to getting a divorce. According to experienced families lawyers Davies & Co Lawyers, you might finally be free from the commitments of a broken-down marriage which was bringing nothing but pain, but remember that both partners want to get out of the relationship without losing too much property or financial assets. It is therefore important to consult decent family lawyers before attempting to split the contents of your home post-divorce. Failing to do so can result in disagreements which have to be settled by a court.

What is the first thing to do?

Hopefully, your marriage will end on good terms and you will be able to split in an amicable and friendly manner. Unfortunately, this kind of split is rare, and will usually only happen in relationships where there has been no significant financial component – in other words, in relationships where there are few to no assets to divide.

Continue reading ➞ Dividing Household Contents After A Divorce

de facto relationship
Categories Family Law

A De Facto Relationship

Definition

Experienced family lawyers Robertson Hayles report that Australian law defines the term ‘a de facto relationship’ as a relationship between ‘a man and woman who, although not legally married to each other, live together as husband and wife on a bona fide domestic basis’.[1] That is, a de facto relationship exists when the party and his/her former partner, irrespective of gender, were in a relationship as a couple residing together on a genuine domestic basis. However, Australian law denies a relationship as a de facto relationship if the individuals were lawfully married to one another or if they are related by family.

In order to determine that a relationship is a de facto relationship, it is incumbent on the parties to make an application to the court. The application can be made either to the Family Court or Federal Circuit Court. In practice, such application is usually made when an actual relationship has broken down and the parties are aiming at having financial disputes determined in the same manner as between married couples. In order to apply for a de facto financial order, such application must be filed within two years of the breakdown of the relationship at issue. In order to obtain a favourable de facto relationship order from the court, the applicant must prove before the court existence of the following facts:

Continue reading ➞ A De Facto Relationship