Family life is always a priority, but there are situations and phases in family life that are hard to deal with. So, one might need the help of a family lawyer.
What are the common family conflicts that require the intervention of a lawyer? Especially when dealing with controversies and disputes, these matters are identified as legal issues. And to iron out things, you need the expertise of family lawyers in Sydney.
What Legal Issues Does Family Law Encompass?
The family law system in Australia allows people to resolve the different issues concerning family issues without going to court.
Here are several legal issues family law rules encompass.
Separation and Divorce
In cases when there is a breakdown of a marriage and either or both parties have an intent to end the relationship, an application for divorce can be filed in the Federal Circuit Court. However, filing for divorce is not that easy.
For a divorce to be granted, the Court must be satisfied that the marriage has broken down irretrievably. This means that the Court must believe that there is no chance that the couple will get back together. To support the filing of the divorce, according to the Family Law Act 1975 (Cth), the couple must first undergo separation for at least 12 months.
While it is possible to apply for a divorce without a lawyer and attend to the documents yourself in Australia, the law is so vast that you may miss out on a lot of things. Sydney family lawyers can advise you and ensure that your rights are fully represented.
Pre- and Post-Nuptial Agreements
Under the Family Law Act 1975 (Cth), pre-nuptial and post-nuptial agreements are referred to as Binding Financial Agreements that determine how the couple’s properties and assets will be dealt with in either one of the following cases: divorce, separation or death.
Couples who benefit the most from such agreements include those who have at least one member of the couple who has a large estate, significant amount or value of assets, has children from their previous marriages or is expecting to receive a large inheritance or a distribution from a family trust. In such cases, it is often wise to hire competent family lawyers who can draw such agreements to eliminate any further conflicts that can arise in either of the events mentioned above.
Child Custody and Support
Under family law rules in Australia, children have the right to enjoy meaningful relationships with their parents. Likewise, children are to be protected from harm. When the Family Court decides on a resolution on a child, the Court will prioritise the best interests of the child and ensure that children are protected from harm.
If you are a parent undergoing divorce or separation, child custody and support are often the next things on your list. If both parents are unable to agree on the arrangements for their children, your family lawyer can handle these things smoothly.
Domestic Violence
Domestic violence can take many forms—physical, emotional, sexual and psychological, and it can manifest in a lot of ways too, including, but not limited to, restricting access to money and other family members.
If you are (or know) a victim of domestic violence, many family law firms in Sydney can help you deal with your abuser using the laws of the land and enforce your rights.
Property Division
When a marriage has ultimately broken down and properties and assets have to be divided, a pre-nuptial or post-nuptial agreement would be highly useful at this point. However, when such financial agreements have not been made, most proceedings result in a 55% to 65% division of assets in favour of the partner with a lower income.
Nevertheless, each case is unique and other factors need to be taken into consideration other than income alone. It is best to consult with family lawyers to ensure that your best interests are well-represented in the Family Court.
How Madison Marcus Can Help You
Dealing with family matters can be stressful on its own. However, arriving at a settlement or arrangement does not have to bleed your emotional health dry when you can have the top family lawyers in Sydney professionally deal with your family issues.
If you are looking for competent lawyers to handle family issues, you’ve come to the right place. Our family law specialists at Madison Marcus can handle your concerns in the best possible way—with compassion, experience and efficiency.
Call us on 131-LAW(529) for a FREE 15-minute consultation.
