Why Being In Financial Difficulty Is Not Enough Reason For You To Be Entitled To Divorce Hearing Costs

Why Being In Financial Difficulty Is Not Enough Reason For You To Be Entitled To Divorce Hearing Costs

If your relationship with your partner or spouse should, unfortunately, come to an end, one of the experts you will want to seek out for help and advice is a family lawyer. Their expertise will be vital in helping to ensure that any divorce agreement is fair for you and your children if you have any, and also that the property settlement is fair and equitable with respect to your future finances.

It may seem that this is the only aspect of your finances that your financial lawyer can help you with and that all other matters such as your taxes and investments are what you would need to speak to your tax advisor, investment broker and accountant about. However, there is another financial element of your divorce where your family lawyer can be of huge assistance to you, and this is in asking the court to award you costs.

These costs would relate to the fees relating to any court hearing or rulings concerning your divorce, and also the costs that you incur due to the work that your family lawyers and their office have done for you. This would include meetings, drawing up legal documents, research and time spent appearing in court on your behalf. As you can imagine this can add up to a sizeable amount and one which can place a huge burden on you financially.

3 Common Mistakes To Avoid Making In Family Court

3 Common Mistakes To Avoid Making In Family Court

Unless you are a studier of the law, or for some reason find yourself in courts on a regular basis, the idea of attending the Family Court can be a daunting one. Even your family lawyers at www.familylawassist.com.au, for whom the Family Court is very familiar surroundings will admit to getting a little nervous each time they are in court, given that the outcome can have a profound impact on families and especially their children.

Regardless of whether it is your first time in the Family Court or the umpteenth time, you should be aware that there are certain rules, standards, and modes of behaviour that must be followed and adhered to at all times. Whilst it mainly deals with matters relating to family law, doing something within the family court, which is considered illegal, can soon find you facing a criminal court instead.

What we are about to outline 3 of the main mistakes that people make when they appear in the family court. These will most certainly do damage to your case, or at best delay it further, and in some cases almost certainly see you being considered as having committing an offense and facing the appropriate consequences of doing so.

What Family Law Says About A Divorced Parent Travelling Abroad With Their Children

What Family Law Says About A Divorced Parent Travelling Abroad With Their Children

When couples with children divorce, normally most matters are settled amicably, and usually with the help of each parent’s family lawyer. However, a situation can arise which, to most people, would not normally seem like a problem, but for divorced parents with children, it can prove to be an issue.

Family lawyers advise that one such scenario is when one of the parents wishes to take their children overseas. Obviously, to do so, any child travelling to another country will need a passport, and this can often be the first hurdle if the other parent refuses to sanction the child being issued a passport.

This is a result of joint parental responsibility, which is the usual default position following a divorce where the couple has any children. This means that each parent has the right to be informed of and must agree to a passport being issued. Even if they already have a passport, taking children out of the country is another situation where joint parental responsibility applies.

Now there can be many reasons a parent would refuse permission, with some of them legitimate and some not so much. With the latter, it could be that the absent parent simply wants to make things difficult and refuses permission out of spite.

In this scenario, the other parent could apply to the court to have joint parental responsibility order amended so that matters like passports and overseas travel were excluded. They would certainly have a strong case as the Family Court does not look favourably upon parents with joint parental responsibility being belligerent, especially if their actions are not in the best interests of their children.

Four Things You Need to Know About Spousal Maintenance

Four Things You Need to Know About Spousal Maintenance

In Australia, both partners are very well protected by law in the event of a separation or divorce. If one partner doesn’t or is unable to work or has a significantly lower income, the court may rule that the other partner is responsible for paying spousal maintenance.

In general, this is designed to provide support for the person with the lower income. Spousal maintenance may be paid in a lump sum or at regular, pre-defined intervals, as required by the courts.

However, as family lawyers will tell you, spousal maintenance can be something that’s a little complicated and hard to understand. Because of this, we’ve put together the following list of the five most important things you have to know about spousal maintenance.

  1. The Court Will Consider Numerous Things

When making spousal maintenance adjudications, the courts will take a range of things into account. Most importantly is the income of the two people in question, along with their qualifications and ability to work. Other considerations include:

  • Children and whether either party is responsible for any dependents.
  • Any savings, superannuation or other assets either party has.
  • The health and age of both parties.
  • Child support and child support payments.

In addition, anything else considered relevant may be used by the courts when they make their decision.

Is Superannuation Considered an Asset in a Separation?

Is Superannuation Considered an Asset in a Separation?

Going through a divorce or separation can be difficult, especially if it’s with a long-term partner. Employing the services of a skilled family lawyer can help make the process easier, but it’s worth thinking carefully about exactly what’s going to happen to your assets when you separate.

Some assets are easy to split. Things like jointly owned properties, family cars and joint bank accounts usually belong to both partners and will be split accordingly. However, things like superannuation are often overlooked.

In this article we’ll have a quick look at how your super will be split in the event of a separation. Does it belong to you, or should you be prepared to share it?

Will My Super Be Split When I Separate?

One of the most common questions that we get asked is whether or not someone is going to have to share their superannuation savings with their former partner in the event of a divorce or separation. There isn’t a simple answer – it really depends on your situation.

In some cases, super can be divided between two former partners, while in others it won’t be. There are four things that you can do or be forced to do, including:

How do Courts Make Child Custody Decisions?

How do Courts Make Child Custody Decisions?

If you’re going through a particularly difficult divorce then you might find it hard to agree on who should get custody of your children. Although it’s always in your best interest to come to a mutual agreement with your ex, this simply isn’t possible in some cases.

If this happens, then you will need to go to court to work out who will get custody of your kids post separation. This is a worst case scenario, and if it comes to this you should always employ a family lawyer to help make sure that you get the best outcome possible.

With this in mind, we’ve covered a few of the things that judges will look at when they’re making child custody decisions.

When will child custody cases go to court?

Usually we advise ex partners to try and discuss things in a friendly manner before attempting to take them to court. If this isn’t possible and one or both parents aren’t happy with the current arrangements, then they can apply to have their child custody case heard in front of a judge.

Before this can happen you and your lawyer from Family lawyers Perth, will need to gather an array of information and documents to help prove your case, otherwise you might not achieve the outcome that you want.

6 Reasons Why You Should Make A Will (If You Haven’t Already)

6 Reasons Why You Should Make A Will (If You Haven’t Already)

Wills are extremely important legal documents which should be treated with seriousness and respect. They essentially outline how your assets and estate should be divided if you pass away, and a well made will make life a lot simpler for the people that you leave behind.

However, a lot of people don’t have wills. If you’re young, you simply might not have thought of it yet. If you’re on the older side, but don’t have many assets, you might not think that they’re necessary.

But, the truth is that visiting a wills lawyer and having a will is always a good idea. With this in mind, I’ve put together a list of the top 6 reasons why you should make a will (if you haven’t already). They include:

  1. It Will Make Things Easier For Your Family

If you pass away, then your family will already have to deal with losing you. You can make things easier for them by outlining what you want to happen to your assets in a legally binding will. Make sure that you’re specific, and make sure that you name a reliable executor.

  1. It Will Reduce The Risk Of Family Breakdown

If you have a decent amount of assets when you pass away, certain members of the family might go out of their way to claim a share if you don’t have a clearly written will.