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Specialties of a Family Lawyer in Sydney

Posted On : Nov-29-2011 | seen (505) times | Article Word Count : 593 |

Family Law in Sydney branches out into several areas. Property settlement, children's matters, divorce, child support, spousal maintenance, are just a few of these areas. This post briefly discusses a few of these topics to help you decide when to hire a family lawyer in Sydney.
There are many areas of law as well as subsets of these in Australia. When a binding relationship disintegrates, it often triggers nerve-racking court cases that even become hostile. Experts recommend that you employ a family lawyer in Sydney to assist you in these matters. Court cases normally include asset distribution, maintenance, child matters and much more.

You will need to use lawyers whose area of focus covers your situation. Family law in Sydney covers issues related with family and relationship disputes. It branches out into numerous fields like children's matters, alimony, and divorce to mention a few. Below are some areas and data about them.

Property settlement

Whenever a couple separates, they normally don't intend on living together anymore. Over the course of their relationship, they might have acquired many assets like a house, vehicles, land, cash savings and much more. Upon splitting up, these assets are divided by the couple. They may divide this together themselves, but differences in opinion might occur.

For that reason, each side often hires an attorney. These situations usually cause emotions to flare and usually become hostile. If the two sides cannot arrive at an agreement, the court intervenes to help settle the matter. The judge will analyse the value of all the assets and take into account several variables.

Children's matters

Deciding on what happens to kids (below 18) after a marriage breaks down can become emotionally difficult. It is stressful enough splitting assets, but choosing arrangements for the proper care of the child has to be settled. Talks involve where the kids will live, schooling, allowances, and such. Included as well are communications between parents and how much time each parent will get with the child.

Various things are taken into consideration too. The relationship between the child and parent along with the wishes of the kids are included, too. Any history of violence, abuse (on the child), plus the capability to deal with the child are all considered. Again, if both parties cannot work out the matter themselves, the decision is left to the court.

Divorce

You can apply for the divorce after 12 months of separation. Child matters have to be satisfied and both sides must be aware of the application.

Child Support

The child support agency generally deals with these issues. They take the income of both parents into account, number of kids and other factors. Parents can handle this formally or informally. A contractual agreement is enforceable if one side does not follow the agreement.

Spousal maintenance

Sometimes one party may not financially support themselves. Orders for spousal maintenance can be decided by both sides. If an agreement can not be reached, a legal court will intervene. The court then decides how much the party that's more financially able - will have to pay the other party. Also considered are the child's maintenance. The court decides if one party will pay a lump sum or make regular contributions. The maintenance may last for a certain period - e.g. the other party is financially able as a result of a new job.

Consent Orders/ Binding Financial Agreements

It is recommended to settle family matters outside of court. When both sides have come to an agreement, it is wise to put it in black and white. These formalised contracts are known as "consent order" and are legally binding and enforceable. Hire a family lawyer in Sydney to ensure your interests are safe.

Article Source : http://www.articleseen.com/Article_Specialties of a Family Lawyer in Sydney _111472.aspx

Author Resource :
Catherine Corle is a legal consultant with links to many firms specialising in family law Sydney. To read more about the laws mentioned in the article, read family lawyer Sydney.

Keywords : family law Sydney, family lawyer Sydney,

Category : Reference and Education : Legal

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