Family Lawyer Adelaide
A family lawyer can assist in advising you of your rights given the complexities & potential loopholes that exist within family law. We aim to achieve the best outcomes for our clients given our experience in negotiating. It is true that you may be able to represent yourself in your family law matter but you may well miss important issues given the complex family law system. There are often large amounts of documentation to prepare and, if required, appearances in court. Engaging a family lawyer may actually save you money. Family lawyers know your entitlements & tailor their advice accordingly. Instructing a family lawyer will take some of the stress out of the situation for you by removing the emotion out of your situation & advise you purely on their knowledge of the law.
Custody Lawyer Adelaide
The focus of the law is upon the rights of children. When families separate, the important issues remain in terms of who children will live with, who they will spend time with & who will make important decisions in terms of health, education & religion. Going to court is a last resort as it is easier to agree to arrangements for children through a document that all parties agree on. If this cannot be done, a Court would need to provide Orders as to children. The process is stressful and very technical so it is imperative that you seek legal advice before agreeing to any matters concerning children. Any agreement put in place will apply until children reach the age of 18 so the importance of obtaining legal advice before agreeing to the terms of any document is clear. A properly considered and drafted agreement in terms of children will give all parties peace of mind into the future. Parents and/or grandparents may have standing to obtain Orders regarding children so it is important to seek legal advice.
Separation & Divorce Lawyer
A Certificate of Divorce is the formal ending of your marriage. Married couples that wish to divorce must be separated for at least 12 months before they can lodge a Divorce Application. The Divorce Application must be prepared and filed with the Court. There is a fee payable to the Court to process the Divorce Application, which is currently set at $900. The Court can apply reductions to this fee. In cases that are not straightforward, there are important rules regarding service of paperwork on your former partner notifying them of the Application for Divorce. These requirements must be met so the Divorce can be granted. Once Divorce is granted, you have 12 months to apply for a division of property of the relationship. Separated de facto couples have 2 years from the date of separation in which to finalise property and financial issues. Often the word “Divorce” is used to describe the process of separating from your partner in terms of children and property but, in reality, is only the official recognition of the end of the marriage itself. Whether you are separating following a de facto relationship, same sex de facto relationship or marriage, we can provide the advice necessary to guide you through what is a difficult time.
Marriage & De Facto Property Settlement
Whether you are separating following the breakdown of a de facto relationship, same sex de facto relationship or marriage it is imperative that you obtain the right advice early on to ensure that your entitlements are properly recognised. Each case is decided upon its own merits or facts in terms of what each party is entitled to following the relationship breakdown. We aim to negotiate outcomes without resorting to Court given the additional stresses it places upon parties. The initial step in any property settlement matter is for the parties to identify the assets, liabilities and superannuation interests that form the property pool. The contribution of each party to the finances and welfare of the family is then assessed. The current and future financial position of each party is then assessed. The length of the relationship, relative health & age of each party is also considered. All these factors help to assess the fair division of assets between the parties. It is important to obtain legal advice early on the following separation to ensure that all relevant matters are taken into consideration before any agreement is reached.
Binding Financial Agreements (Prenuptial & de facto)
These agreements are legally binding providing certain requirements are met. Couples can use these agreements to regulate & resolve how finances will be managed following the breakdown of their relationship. It is preferable that these agreements are put in place before getting married or entering into a de facto relationship. When drafting such agreements, care needs to be taken to avoid “grossly unreasonable” agreements suggesting one party may have unfairly influenced another or engaged in unfair conduct. Independent lawyers Adelaide must give each party to a financial agreement advice as to its terms and their effect. To be valid, financial agreements must be fair to all parties, especially one who is less wealthy that the other. Financial agreements, if properly drafted, are an important way of protecting assets when entering into a new relationship.