It is difficult when a relationship breaks down and ends in separation or divorce. Often it is not just the relationship that comes apart, but also what were once joint, or even individual finances.
If you’re coming out of a relationship you shouldn’t have to start from the bottom. It’s important to seek legal advice when it comes to separation and the division of assets, maintenance or child support to ensure you come away with what you’re entitled to. Regardless of how your relationship ended, it is considered a conflict of interest for the same law firm t act for both parties in a separation or divorce. Your lawyer should be representing your interests alone.
If you or your former partner own property or assets, whether ownership was together or individual, you may be entitled to some of its value. While it is preferred that separated couples reach an agreement on financial matters outside of court, often through Family Dispute Resolution, a lawyer can still advise you on the best way to go about seeking an agreement and what you are entitled to seek in the division of property.
Should agreements break down and you need to appear in court it is essential you have a lawyer on your side to protect your financial interests. Our Family Lawyers are experienced in Property Division cases, having reached suitable agreements in outside settlements as well as through Family Court.
Under the Family Law act both partners in a marriage or even a de facto relationship, have a duty to maintain and support each other. This duty can still exist after a divorce or separation. In some cases one spouse will be required to provide ongoing financial support for their former husband or wife.
It is preferred that spouses attempt to reach an agreement themselves first. If the matter goes further the Courts will consider a number of factors before making a decision. These include;
- Your income, property, assets, finances and debts
- Your age and health
- Your ability to earn and whether this has been affected by your marriage or relationship
- What is considered a suitable standard of living
- Whether the children live with you or your former spouse
If you feel you are entitled to some level of spousal maintenance talk to the family lawyers at Adams Wilson today.
Regardless of whether the parents have been married or in a relationship, the primary carer of a child can make a claim for child support from the other parent. Once again it is preferred that parents come to an acceptable agreement themselves and they can do this in two ways;
- Binding Child Support Agreement – both parents receive legal advice and sign an agreement on a support payment amount and frequency.
- Limited Child Support Agreement – entered into by the parents without legal aid, a limited agreement has a specific duration (usually three years) and can be terminated or set aside by the Court or even by either parent in certain circumstances.
If the parents cannot reach an agreement the Family Law Court can make a decision on Child Support or Maintenance through a Court Order.
If you would like to discuss any family financial matters or issues with child support please don’t hesitate to contact Adams Wilson Family Lawyers.