Family lawyers in Sydney provide a wide range of services concerning all aspects of family law rules to their clients. Family law solicitors offer legal advice, representing clients in court and assisting with the negotiation and drafting of legal documents. They can also provide mediation services between parties involved in family law disputes.
Here are some of the services provided by top family lawyers in Sydney:
Going through a divorce is often incredibly difficult, even when it is amicable. This is because divorce involves not only the end of a marital relationship but also the dissolution of a partnership. This can mean losing half of your financial assets, as well as having to divide property and possessions.
Divorcing couples often have to deal with the fallout from their decision, such as estrangement from family and friends. The process of divorce can be emotionally draining, and it can take a long time to recover from the experience. For all of these reasons, divorce is often hard for everyone involved.
Family law solicitors can provide advice and representation concerning all aspects of divorce following the Australian divorce law. This includes filing for divorce, negotiating a property settlement and dealing with child custody and visitation rights. They can also assist with the drafting and filing of legal documents, as well as providing mediation services between parties involved in a divorce.
• Property Settlement
In Australia, property settlement is governed by the Family Law Act 1975. The family law rules set out several principles that the court must take into account when dividing property, including the contributions made by each party during the relationship, the future needs of each party and any other relevant factors.
The court also has the discretion to make any order it considers just and equitable in the circumstances. Once the court has made a property settlement order, it is binding on both parties. This means that you cannot make any further claims against each other concerning property or debts.
Family lawyers in Sydney can help in negotiating a fair and equitable division of assets, such as the family home, savings, investments and superannuation, in addition to drafting and filing legal documents, as well as providing mediation services between parties involved in a property settlement.
• Child Custody and Visitation Rights
Child custody and visitation rights are determined by Australian family law rules. The Family Court of Australia has the jurisdiction to make decisions about child custody and visitation rights.
The law provides for two types of custody: joint and sole.
Joint custody means that both parents share responsibility for the care of the child. Sole custody means that one parent has responsibility for the care of the child.
The law also provides for two types of visitation: supervised and unsupervised.
Supervised visitation means that a third party is present during visits between a child and a parent. Unsupervised visitation means that no third party is present during visits between a child and a parent. The law gives the court the discretion to decide what is in the best interests of the child when determining custody and visitation rights. The court will consider factors, such as the wishes of the child, the relationship between the child and each parent, and the ability of each parent to provide for the needs of the child.
Also, family lawyers in Sydney can help you negotiate a parenting plan, deal with child support payments and make arrangements for contact with the child.
• Spousal Maintenance
In Australia, spousal maintenance is financial support paid by one spouse to another after separation or divorce. The purpose of spousal maintenance is to help the receiving spouse meet their reasonable needs, taking into account their current financial situation and earning capacity. Eligibility for spousal maintenance payments depends on various factors, including the length of the marriage, the age and health of both spouses, and each spouse’s financial circumstances.
In most cases, spousal maintenance is paid temporarily until the receiving spouse can become self-sufficient. However, in some cases, such as when a spouse is disabled or elderly, payments may be ordered permanently.
Family lawyers in Sydney can help you in calculating the amount of maintenance payable, arranging for the payment of maintenance and enforcing a maintenance order.
• Prenuptial Agreements
A prenuptial agreement, commonly known as a ‘prenup,’ is a contract entered into by two people before they marry. The purpose of a prenup is to define each person’s financial rights and responsibilities in the event of a divorce. Prenups are particularly common in circumstances where one or both partners have significant assets, such as a home, investments or a business.
In Australia, prenuptial agreements are legally binding, and the Australian Family Court will generally take them into account when making property division orders following a divorce. To be enforceable, a prenup must be fair and reasonable, and both parties must have received independent legal advice before signing it.
The top family lawyers in Sydney will negotiate the terms of the agreement, as well as draft and enforce the agreement.
• Domestic Violence
Domestic violence is a pattern of behaviour in which one person seeks to control or dominate another person in an intimate relationship. Family law rules in Australia recognise that domestic violence and can take many forms, including physical, sexual, emotional or psychological, financial and social abuse.
Domestic violence can occur in relationships between spouses, intimate partners, family members or carers. Anyone can be a victim of domestic violence, regardless of their gender, age, race, religion or economic background.
Remember, you are not alone and there is help available. Family lawyers in Sydney can help in obtaining a protection order, dealing with child custody and visitation rights and making arrangements for contact with the victim.
How Madison Marcus Can Help You
If you are considering divorce or are dealing with any other family law issue, our family law solicitors at Madison Marcus can help you deal with these issues. We have a team of experienced family lawyers who can help you understand and go through the legal process. We make sure that your rights are protected every step of the way. For all enquiries or a free 15-minute consultation,contact us here.