One of the subjects that a family lawyer will be most asked about will come from mothers enquiring what their rights are regarding their children should she and the child’s father be going through a divorce. Often these questions come from the mother wrongly believing that she has more parental rights than the father.
It usually comes as a surprise to learn that far from the mother being the one who has sole responsibility for her children, that, instead, both she and the children’s father have joint parental responsibility. This was introduced in 1975 by legislation called the Family Law Act. This brought into the arena of parents. Children and divorce are the principle of equal rights for both parents.
It would seem this was a curtailment of the assumption that mothers would automatically be granted custody of a child, and with control came their right to choose and make decisions that affected that child. The Family Law Act did not remove that entirely but instead moved it to where both parents had those rights jointly.
Read More “Mothers Rights After They Separate From Their Child’s Father”
It is a simple fact of modern-day life that couples get divorced, which is why Family Lawyers are never in danger of being bored through lack of work. Whilst it is possible to proceed with a divorce on your own and without legal representation, but it is not advised.
As with most other countries, there are a number of legal rules and relations relating to divorce in Australia, which if you get wrong, can mean your divorce is delayed, or worse, refused.
The main legislation that applies to divorce in Australia is the 1975 Family Law Act, and rather than ploughing through it and trying to understand what sections and paragraphs apply to your situation, you are best to seek legal advice or representation.
One of the first things to establish with your lawyers, is whether or not you are eligible to apply for divorce. An application for divorce can be made solely or jointly and eligibility and what documents who need to produce can differ depending on your residential status.
In all cases, you must be resident in Australia, and be able to show that you consider it your permanent home. If you are an Australian national, you must be able to produce a valid birth certificate.
Read More “What Is The Process For Getting A Divorce?”
Separating couples who have children together have a legal requirement to provide for their children, making sure that their interests are looked after. Some people choose to use an experienced family lawyer to resolve custody disputes, especially if a separation is nasty or on unfriendly terms.
On the other hand, a lot of parents come to informal parenting plans and arrangements. These might be in the form of documents that are signed and dated or verbal agreements. The important thing to realise is that many parenting arrangements aren’t always legally binding.
In this article we’ll explore the formalities surrounding parenting arrangements, when they are legally binding, when they aren’t and the things you can do to protect yourself and your children.
Are Written Agreements Legally Binding?
In truth, informal written parenting/de facto agreements aren’t usually legally binding – even if they’re complete in the presence of a family lawyer, wills lawyer or other legal professional. However, they do have the benefit of helping separated parents move on with their lives.
On the other hand, problems can arise if one parent decides that they don’t want to continue to follow the agreement. They can effectively do what they want, potentially disrupting both the lives of both the other parent and the children in question.
One of the best things to do is to make sure that your parenting agreements are formalised by the courts. A family lawyer will be able to guide you on the process of doing this.
Read More “Parenting Arrangements: Are They Legally Binding?”
Competent Lawyers can help you Procure your Rightful Share.
Statistics in Australia indicate that more than half of divorces are filed by one partner and often come as an unpleasant surprise for the other partner. Seeking advice from top divorce lawyers can help you protect yourself from financial stress and worry in the future. The good news is that you can sort out your finances faster with technological advances in banking. Experienced lawyers can help you understand your rights and claim your rightful share in the event of a divorce.
In many marriages and relationships, women leave behind careers and jobs to look after their children and execute household responsibilities. In such cases, it is even more critical to ensure that all your monies and assets are distributed fairly and justly. Hiring the proper legal counsel can help reduce the traumatic after-effects of divorce; it’s essential to be protected from financial hardship. You need to know how much money you have in the bank and the financial implications of moving out and paying the bills independently.
With rising living costs, being assured of financial security’s more critical than ever. In fact, even if you are earning, it may not be easy to afford to pay rent, utility bills, etc. It’s a good idea to open a separate bank account (if you haven’t done so already) and direct your pay and other income into this account.
Read More “Is your Financial Future Secure after Divorce?”
Divorces can be long, drawn out processes, especially if you and your ex split on unfriendly terms. Unfortunately, it can be difficult to separate your finances after a divorce, even if you both worked and had individual bank accounts. For people who shared a bank account and where only one person in the relationship worked, it can seem near impossible. Good family lawyers can help you gain financial freedom from your ex post divorce, so speak to one if you are having trouble.
Separating your finances:
The first thing to do when it comes to gaining financial freedom is separating your finances. Many couples share things like bank accounts and investments, which can make complete separation very hard. In this case, you need to either come to an agreement about how the funds will be split, or take the matter to a court (with the help of good family lawyers). Close any joint accounts and open separate individual accounts so that your ex can’t see what you are spending your money on – after all, it’s none of their business after you are separated.
Read More “Gaining Financial Freedom From Your Ex Post Divorce”
One of the most difficult and contentious phases of a divorce proceeding is the property settlement. Most divorce cases that go to trial inevitably focus on disputes surrounding community property. Several key tips, as well as the advice of a competent family lawyer will help you survive this particular battle.
Since most jurisdictions apply community properly principals the court will seek to equitably divide all marital assets and award fifty percent of the value to each spouse. This might involve liquidating property that would seriously inconvenience one of the parties. Equity in a house, for example, cannot be split without selling the home, refinancing, or otherwise giving commensurate value to the receiving spouse. All of these options may be troubling or seriously concerning to you, which brings up tip number 1.
Make sure you know where all property is and how it is owned. Records such as deeds, titles, promissory notes, etc. are helpful. The purpose is to arm you with information so you can make intelligent decisions. If you know the value of the marital assets you can decided before negotiating which pieces of property you most want and how they may be split in the divorce. If you have a large number of assets coordinating with your family lawyer is essential. Divorce is a law suit which comes with certain obligations and rules and breaking any of them can put you in hot water with the court.
Read More “Surviving Property Settlements in a Divorce”
Divorce often proves to be an emotional and stressful experience. Requesting timely assistance from competent family lawyers can help you resolve issues and negotiate a fair share in a rational manner. Negotiations prove to be far more effective when performed in a collaborative rather than confrontational manner. You may not be used to handling money matters by force of habit. For example, your spouse may have been more dominant and experienced regarding financial issues.
In such cases, it’s very important to be kind to yourself and ask for an adequate share so that you can live comfortably. The process of financial and property settlement is equally applicable to marriage relationships as well as de facto relationships. Australian laws are equally applicable to opposite sex or same sex relationships.
Read More “Why You Should Negotiate a Fair Share: Financial Agreements and Settlement After Divorce”
No one ever likes to admit that some day they will, well, check out of this life. No matter what phase of life you find yourself in thinking about estate planning can be overwhelming and distasteful. Even thinking about a Will or a lawyer can be scary. In Estate Planning It’s difficult to know where to start, to understand what’s important and what’s not, and sometimes even beginning the discussion with family members can cause hard feelings.
There are, however, things that you can do to simplify and streamline estate planning decisions that are low cost, simple, and which will avoid problems and heartache in the future.
Here are a few simple tips:
- Start Simple. Some people will tell you that an instrument called a ‘revocable trust’ is essential for everyone. Several decades ago that may have been true, but in the last few years the estate tax exemption has dramatically increased and fewer people have estates large enough to require this kind of tax planning. Instead, start with a simple Will. Every person should have one because otherwise the laws of the state in which you live will decide how your property is divided.
Read More “Estate Planning Should Be Today”