When it comes to hiring a family lawyer, many people are going through it for the first time. So it’s not easy for them to sift through the process or even have a basic understanding of all the facts. Unfortunately, most couples are confused with the stereotypical myths hovering over their heads all the time. Therefore, they need to know about family law before they hire an attorney. In this feature, we will shed light on the important things to know about family law:
Simply put, parents don’t have all the rights when it comes to kids. However, they do have responsibilities. This means neither of the two can bargain for more time with their little bundle of joy. Regardless of how much they pay for child support, they are both equal in the eyes of the law. However, parents can agree to spend equal time with their kids, or if the court believes, it is in the best interest of the kids. So when deciding to separate mutually, parents must acknowledge this fact.
Most separating couples will assume they can keep everything within their name and settle for a 50/50 deal after divorce. While this sounds fancy for a few cases, a family lawyer will lay out clear principles for property division. The lawyer will educate the couple about the responsibilities of the kids and how they will require a fair share of the dividends. The most common needs to be acknowledged through the court are your age, health condition, the ability to earn and the division of responsibilities. A contribution will be financial, but the court will assess various factors before arriving at any conclusion.
Every asset and liability is included in the property pool, regardless of who has got them. This will be inclusive of the superannuation, company interests and the difference of assets and liabilities. However, this doesn’t imply that everything will be chanted as a dividend. On the other hand, credit cards and loans need to be included too. Therefore, you need to build a larger picture of the property before seeing how the dividend will be provided to both parties. For many couples, this point comes as a shock because they have little to no information about it.
Contrary to popular belief, getting a divorce and agreeing to a financial settlement is different from one another. In order to legalise the finances, you will have to consider consent from the spouse, where you will formally end the marriage and apply for a divorce. Shockingly, for many people, they have less than 12 months after divorce to file for a financial settlement. However, you can get the financial settlement immediately after the divorce. For this to happen, you need an experienced family lawyer by your side. Because they have hands-on experience assisting many people, they can easily help gravitate the case towards the right direction without much effort.
Everything applies to the de facto couples too. The law is the same when it comes to the separation of courtship and division of wealth. However, there will be little differences as to how you manage things. Because the kids are involved, de facto couples have to go through the same outcome as any regular married couple. Here, you can talk to your ex-partner and see how you both can move in the right direction without much effort.
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