Werribee Divorce Lawyer at our firm are experienced in all areas of Family Law. We understand the emotional toll a divorce takes on both parties involved and can assist them to manage it in an amicable and effective manner. One primary ground for divorce is having been separated for 12 months or more.
Child Custody
As a parent, you have a keen interest in how the custody arrangements will impact your child's future. A Albany child custody lawyer could help explain different arrangements that could work for both of you and help find what will best serve them both.
Custody of children involves two components, both physical and legal. Physical custody confers upon a parent the right and obligation of living with their child(ren). With joint physical custody arrangements, a judge typically orders that children spend approximately equal amounts of time with both parents.
Legal custody refers to the decisions that go into shaping a child's upbringing, such as education, religion and health care decisions. Most courts award joint legal custody even when one parent has primary physical custody - this allows both parties to make important decisions together for their child's well-being. Under sole legal custody arrangements, visitation rights (known as parenting time in some instances) are limited allowing regular contact between all involved.
Financial Settlement
Separation presents many complex issues, from dividing up real estate, assets and vehicles shared between partners to financial settlements like child support and spousal maintenance. If possible, an out of court settlement should always be sought, otherwise professional legal advice should be obtained as soon as possible.
Financial settlements should also be resolved quickly in a divorce, since applications for dissolution can only be submitted 12 months post-separation date; financial claims do not have this time constraint.
Financial settlement awards in divorce cases do not depend on the reason behind its dissolution; courts look at what is fair and equitable in terms of meeting both parties' needs. Prior to seeing a judge for final determination of your case, a Financial Dispute Resolution Appointment (FDR) appointment must first take place.
Prenuptial Agreement
Prenuptial agreements (prenups) are agreements which set forth changes to the rules that would govern in case of death or divorce, offering protection for assets held in one spouse's name or income earned prior to marriage, as well as making certain gifts or inheritances non-marital property and not subject to claims by either party.
These agreements may also specify how much appreciation of separate property will be considered marital property based on both parties' contributions and efforts in the marriage, and can even cover use of lifetime trusts and how their division would occur upon dissolution of marriage.
Prenups cannot address personal preferences or domestic issues; judges become uncomfortable when they see such matters included in a contract and often strike it down. A prenup can help couples avoid lengthy, costly divorce proceedings which save both parties stress, anxiety and financial burden.