The unfortunate reality of today’s society is many marriages end in divorce. This can leave uncertainty and dread for what the future holds. We understand the pressure that comes with separation and the strain this can leave on relationships. We’re here to answer all your questions and help you to receive the best possible outcome.
There are various processes for handling family law disputes and this does not necessarily mean litigation or Court. In most cases, family law disputes can be resolved through dispute resolution processes where both spouses negotiate terms to resolve the issue.
Some important factors in Family Law in Australia are:
Best Interests of the Child: In any family law matter involving children, the primary consideration is always the best interests of the child. This includes their physical and emotional wellbeing, their relationship with both parents, and their views and wishes, depending on their age and maturity.
Property and Financial Settlements: The division of property and assets is a significant factor in family law matters. This includes considering each party's financial and non-financial contributions, future needs, and the practical effect of any proposed settlement.
Domestic Violence: If there is a history of family violence or abuse, this will significantly impact family law matters, particularly in relation to child custody and visitation arrangements.
Parenting Arrangements: Decisions need to be made about who the child will live with, how much time they will spend with the other parent, and how major decisions about the child's life will be made.
Spousal Maintenance: In some cases, one party may be required to provide financial support to the other after separation or divorce. This depends on factors such as the parties' respective incomes, their capacity to earn, their age and health, and the standard of living during the relationship.
Legal Representation: It's important to consider whether you need legal representation, and if so, to find a lawyer who specializes in family law.
Mediation and Dispute Resolution: Before going to court, parties are usually required to attempt to resolve their disputes through family dispute resolution or mediation.
Court Proceedings: If matters cannot be resolved through negotiation or mediation, it may be necessary to go to court. This involves considering the costs, time, and emotional toll of court proceedings.
Impact of Separation on Wills and Estate Planning: Separation can have significant implications for wills and estate planning, and these issues need to be considered and addressed.
Emotional Wellbeing: Family law matters can be emotionally challenging, and it's important to consider the emotional wellbeing of all parties involved, including seeking support from counselling or mental health services if needed.
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