In 1975 The Family Law Act was brought into effect, this law detailed how matters such as divorce, property settlement and child custody should be handled. The Chief Justice of the Family Court has the authority to make guidelines about the procedures and regulations surrounding this act. The intention is to provide advice and information to everyone who uses the Court. However, family law can seem intimidating and complicated. So here are the answers to some frequently asked questions.
What do I do after separating from my partner?
Once you have decided to separate, the first thing you should consider is finding specialist family lawyers in Sydney. There are plenty of firms employing specialist family lawyers in Sydney, so you wont find it too difficult to find the appropriate solicitor. Until you have found an attorney to begin the legal proceedings, it is recommended that you change all passwords to ensure that your ex partner can’t continue to access private information.
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How long do I have to be separated before I can file for divorce?
Once separated, couples have to wait for at least 12 months before filing for divorce. This is to prove that the relationship is irreconcilable.
What happens when I meet my attorney for the first time?
The more helpful and honest you are with your attorney, the more they can help you. So when meeting your chosen specialist family lawyer in Sydney for the first time, try to bring copies of financial documents and any other documents that you feel may be useful. This initial meeting with a specialist family lawyer in Sydney is your chance to ask any questions you have. You need to be clear about what the process is going to entail. Don’t forget that your solicitor is there to help you as best they can, so they will be more than happy to explain the procedure to you.
What if we have children together?
Many specialist family lawyers in Sydney have lots of experience dealing with custody of children after the breakdown of a relationship, so this isn’t something new to your attorney. Oftentimes parents can resolve this issue, with their attorneys, without having to go to court. Any specialist family lawyer in Sydney can advise on the best option; but parents have two viable possibilities in this scenario; parenting plans and consent orders. Both options allow parents to adjust the agreement to suit everyone involved.
What is the difference between a parenting plan and a consent order?
Any specialist family lawyer in Sydney will be able to explain the differences in detail to you, but the main difference is that one is more of a formal agreement than the other. A parenting plan is an informal agreement, that is signed and dated by both parties. This plan can easily be changed by writing a new signed and dated plan. However, a consent order is enforced by the court. It is filed in the court alongside other documents, meaning it becomes a court order. This means that if the consent order is breached, it is a punishable offence.
What are financial agreements?
Specialist Family Lawyers in Sydney are not just for the breakdown of relationships. Many couples decide to enter into a financial agreement- also known as a ‘pre-nup’- at the beginning of their relationship. These agreements are often entered to prevent either party from making an application for property settlement. Therefore, the pre-nup states how any property or money will be divided if the couple should separate.
When can a pre-nup be signed?
Couples can come to an agreement with a specialist family lawyer in Sydney at any point in their relationship. Often, couples choose to sign a contract just before getting married, however, this can also be done, during a marriage, or after a separation but before a divorce. Any specialist family lawyer in Sydney can also help couples in de-facto relationships complete similar contracts. This can be completed either at the beginning or during the relationship.
