Family Law and Staying in Control.
There are few legal matters as personal and stressful as Family Law concerns. Relationship breakdown, especially when children are involved has high emotional tension which may adversely affect decisions about the future.
Family Law matters are usually life changing events. Not everyone has access to a confidant – someone who cares and to listen and talk through a situation. The emotions attached to a relationship breakdown can affect and even prevent making the right decisions about the future.
How do you know what is the right thing to do to move forward and plan for a different future?
What happens to the children – what is best for them?
What happens to the house and any property?
What do I do next?
The economics of separation can have long lasting effects on those involved and it is important that informed, clear headed decisions can be made during an emotionally difficult time.
A Family Law solicitor who understands your situation , your needs and goals can help you through this process and help you to make decisions that protect your interests and your future.
The best interests of children are paramount in any decision regarding their welfare. Ideally, responsible separating couples will work out and agree arrangements for their children – arrangements such as:
- Where and with whom the children will live
- What access will the other parent have to the children
- What decisions need to be made around education, religion etc
- What child support needs need to be addressed
Emotion can be a major factor when addressing the needs of children in a separation and can make it difficult for parents to reach agreement.
The Family Law Act is very clear about the rights of both parents in disputes about children. An experienced Family Law solicitor can explain your options and assist you with making informed decisions about your children’s living arrangements and support issues.
While the law is clear, there are many factors that can be taken into account — and your solicitor can identify your options and help protect you and your children’s best interests.
With emotions running high during a separation, disputes over property are common and it’s not always possible to reach a compromise. A solicitor that understands the law can help take emotion out of the process, and while still enforcing your rights, can facilitate compromise often where it appeared there was no chance of agreement.
Often high value assets like the family home, superannuation and investment properties are involved, and sometimes items high in emotional value need to be discussed and divided.
There are circumstances that can impact the division of assets:
- marriage duration,
- items belonging to one spouse,
- financial contribution towards the asset,
- Financial Agreements (previously known as Prenuptial Agreements),
- Spousal support and the needs of children may be a factor in the division of a separated couple’s property.
By using legal tools a skilled Family Law solicitor can also identify any “concealed” assets and ensure they are included in any division assessment.
It’s critical to address all factors as court judgments are usually final – there is often no chance to modify the decision at a later date.
Planning for the future during or after a relationship breakdown would normally include adjusting your Will and Estate Planning options. This aspect can be easily overlooked and it is important to adjust for a new future. Priorities will change and especially if children are involved your estate plans need to change to accommodate any eventuality.
Baldock Stacy & Niven
Our highly skilled Family Law solicitors, supported by our Property, Estate Planning and Business Law teams, will help ensure your rights and needs are protected in any negotiation or judgement.
If you want a Family Law solicitor who cares about you, your situation and your future then contact Baldock Stacy & Niven – we can help you move forward.
The material in this information page is a general guide only and is not a replacement for legal or other advice. No person should act or not act solely on the basis of this information sheet. It is not legal advice and your possession of this information sheet does not create a client/lawyer relationship. If you would like to discuss your particular circumstances please contact Baldock Stacy & Niven.