Footscray family lawyers provide clients with assistance for legal matters pertaining to separation and divorce, child custody arrangements and financial support payments. In addition, these experts offer specialist advice regarding domestic violence incidents, estate planning strategies and property settlement.
Child custody is one of the central considerations when parents separate or divorce, often determined by Family Court but often also resolved outside it. Custody arrangements can be divided into two components - legal and physical.
When a Judge grants sole legal custody to one parent, they are responsible for making all major decisions regarding their child, including medical, educational and religious decisions. Other parents can consult with them but aren't obliged to do so.
A judge may award joint physical custody, meaning that the child will live with both parents for extended periods. Typically, non-custodial parents will be given visitation rights. Both parents should remain involved in raising the child for maximum wellbeing.
Ending a marriage or de facto relationship can be emotionally and psychologically draining for all parties involved. It could be precipitated by infidelity, violence or simply growing apart; whatever the case, separation is an official legal process that should be managed by an experienced family law practitioner.
Filing for divorce requires filing a petition and statement of grounds, with some states permitting couples to do so due to irreconcilable differences or irreconcilable fault. Other states require proof of adultery or extreme cruelty before starting proceedings for separation and divorce.
Once the paperwork has been filed, a copy must be sent to both spouses for delivery as part of service of court papers - this can be accomplished by someone over 18 who isn't part of either case.
Domestic or intimate partner violence refers to any behavior in an intimate partner relationship that seeks to gain or maintain power and control over an individual, be it physical, sexual, emotional or economic abuse. It may happen between couples of both sexes as well as families and friends of these partners.
Victims may experience restricted movements, be kept from leaving their home, or prohibited from making telephone calls. Assault threats against them or their children or family pets are a frequent occurrence; perpetrators may even threaten to turn them in to authorities.
Abusive partners tend to minimize or deny their actions, often making excuses for themselves like alcohol or drugs consumption, stress levels or mental illness as causes of their abusive behaviour. Furthermore, they might blame victims of violence committed against them as the root of all violence committed against them.
Prenuptial agreements (or prenups) allow couples to formally outline how they intend to distribute assets, property and debt if they divorce or die during marriage. They are an especially good solution for wealthier spouses with children from previous relationships who need protection in case something unexpected should happen to either partner.
Prenups can cover more than finances; they can include shared goals, joint bank accounts and responsibility allocation. Some prenups even contain terms related to inheritance that will likely be strictly examined by judges.
Prenuptial agreements vary according to state law; however, judges generally uphold them if certain criteria are met - this includes disclosure of assets, debts and accounts by both spouses as well as representation by attorneys before creating. They should be prepared prior to marriage.
Courts must order property settlement orders that are just and equitable under all circumstances, so our family lawyers are here to help you reach a fair agreement. Our services include helping identify each party's existing assets (including financial resources) before calculating a net asset pool available for division. Furthermore, we can help with distinguishing what belongs to both parties (community property versus separate property).
Courts consider many factors when making decisions regarding property settlement, including contributions made by both parties and any implications from commingling, transmutation and non-disclosure on outcomes. Once an agreement has been approved by court, your lawyer will establish an ideal timeframe and timetable for final settlement which typically occurs within one month and includes pre-settlement adjustments such as stamp duty concessions.