Category: Family Law

When you are dealing with family law issues in Sydney there are some things that you should be aware of so that you can cut through all of the confusion and misinformation. A lot of people are going through separation for the first time which leads to a lot of confusion. However trying to do a simple Google search will result in mountains of misinformation on family law in Sydney. To cut through that we have gathered the top things that you should know when you are going through one of these situations.

 

Parents have responsibilities, children have rights

When it comes to children in households, parents do not have rights. In the eyes of the family law Sydney justice system, children are the ones who have rights where parents have responsibilities to their children. Regardless of what is paid in child support, neither parent has equal rights to time with a kid. The parents can come to an agreement for visitation or the court can decide if they believe it is in the best interest of the kid.

This aspect of family law in Sydney is always looking out for the best interest of the kid. You should be starting with what is best for the kid and then work back from there.  Agreements can then be made from there to ensure that everyone is on the same page.

 

Property isn’t always split 50/50

 

A lot of the time many couples believe that when they separate that all property should be split 50/50. While this may be appropriate in many cases it isn’t always the case. Family law in Sydney and the world dictates that assets and property should be divided based on the needs and contributions of the individuals.

The current and future needs of both parties needs to be taken into consideration when dividing liabilities and assets. The factors that the court analyses are age, ability to earn money in the future, health and responsibilities when it comes to caretaking for any children. If one party lacks in an area they will normally be compensated when it comes to the division of assets. An example would be one person’s career allows them to earn a lot lower than the other party – they will then be compensated with a large share of assets.

Contributions is a broad term and doesn’t always relate to financial means. Renovating a property or even caring for children are also considered when it comes down to the division of assets and liabilities.

 

Super is classified as a shared asset

Something about family law in Sydney that has a lot of misinformation (especially if you are reading US based resources) is that your super will be categorised as a shared asset and liability. Regardless of who’s name is on it superannuation, shares in companies and even trusts are pooled together and will be split accordingly if a couple decides to divorce.

This also works both ways as debt such as credit cards will also be thrown into the pool and divided appropriately. Understanding the full extent of your asset and liability pool is very important when it comes to family law in Sydney. It ensures that both parties are treated fairly and one isn’t left with all the assets or debt.

 

De facto and marriage are treated equally

All of these points are applicable to de facto couples. In the eyes of the court if a de facto couple decides to split, their assets and liabilities need to be divided the same way a married couples’ would.

 

 

Clients will cover a lot of ground when they hire family lawyers in Sydney to represent their interests.

These practices understand that time is money and participants in these cases need to find a swift resolution.

Appointments are scheduled ahead of time, ensuring 100% clarity from the specialist to the client at all phases of the case.

Before you hire family lawyers in Sydney or making assumptions about their priorities, it is a worthwhile exercise to read about the key topics of conversation that will be covered.

 

Mental & Emotional Condition of the Client

The very first topic of conversation with family lawyers in Sydney will be simple: how are they? The mental and emotional fragility for people in these circumstances can be difficult to manage, creating a degree of stress, panic, depression and despair about the separation. While there is an important human component here to offer empathetic support, their mental and emotional state is also important from a legal standpoint. Are they fit to make decisions that are carefully considered? Do they feel pressure from their ex-partner? Are they able to process new information or adapt to change? These are important frameworks to cover.

 

State of the Family

Family lawyers in Sydney need to be across all of the facts with their clients. From the nature of the separation to the involvement of children, the type of work commitments, the involvement of other family members, living arrangements, payments between spouses and beyond – it all has to be covered. This will allow the firm to lay the first building blocks for the case, detailing the division of assets and liabilities while placing the needs of the children at the top of the priority list.

 

Finances

The financial component is always a key subject that has to be covered early in the piece with family lawyers in Sydney. From the amount that they can budget for representation to the type of flexible arrangements that can be sourced, the client will need peace of mind on this very subject. The good news is that Sydney firms have different approaches depending on the practice, allowing adjustable rates and financial commitments to be engaged depending on the circumstance.

 

Commitments & Scheduling

There will be a bit of back and forth when it comes to the ensuing steps for clients and family lawyers in Sydney. While the initial talks can be fruitful, participants need to know what is required of them and what they can expect from their representative and their team. From the booking of mediation sessions to court hearings or the need to file lodgments and applications, solicitors will walk through the practical steps one by one. Establishing that timetable will give clarity for the individual.

 

Desired Outcomes

If there is a willingness to come to the table in good faith, then family lawyers in Sydney are able to outline a process for mediation. This is a space that allows both parties to take control of the situation and find creative solutions that help both sides of the aisle. In the event that the client is not willing to go down this path, then they will look to file for litigation, taking the matter through the courts where outcomes will be more definitive.

 

These five subjects are just the starting point for clients who are working with family lawyers in Sydney. Questions, enquiries and feedback are encouraged in these spaces. By focusing on these specific measures, individuals will have their bases covered before they can expand on other subjects that are valuable to address.