Family Law
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Family law issues often involve three main areas: Divorce, Property Settlement, and Parenting Matters. At Caspian Legal, we help guide you through each of these steps, providing clear advice, likely outcomes, and straightforward fee information.
Divorce
Going through a divorce is never easy, and emotions can make the process even more challenging. In Australia, there are two key requirements for applying for a divorce
- Your marriage must have lasted at least two years.
- You must have been separated for at least one year.
It does not matter if your former partner disagrees, if you have children, or even if you married overseas. In some cases, if you have been separated for over a year but married for less than two years, you may still be able to apply. At Caspian Legal, we make sure you are supported throughout the process, from gathering necessary details to lodging your divorce application.
Property Settlement
When it comes to dividing property, many people ask, “What percentage will I receive?” In Australia, property settlement is based on contributions, both financial and non-financial. This includes any money you contributed, care you provided to your partner and children, and even efforts like helping to renovate the home.
Superannuation is also considered in property settlement. We work with you to ensure you receive your fair share, based on your contributions and future needs. Our goal is to help you and your children maintain a reasonable standard of living after the settlement.
Parenting Matters
The most important consideration in any parenting matter is the best interests of the child. This includes decisions about where the child will live, how much time they will spend with each parent, and arrangements for financial support. We help you navigate this process, ensuring that the child’s well-being is always the top priority.
Financial Agreements
Financial Agreements, previously called Binding Financial Agreements (BFAs), can help resolve property matters without going to court. These agreements lay out how assets and liabilities will be divided between you and your spouse. To be legally binding, both parties must receive independent legal advice and fully disclose all assets and liabilities.
You can enter into a Financial Agreement before, during, or after a relationship or marriage.
Parenting Plans and Child Support Agreements
A Parenting Plan is an agreement between parents about how they will share responsibility for their child, including time spent with each parent and any financial support.
A Binding Child Support Agreement (BCSA) is a legally binding agreement between parents on child support payments. Both parents must receive legal advice before entering into a BCSA. Without such an agreement, child support is typically handled by the Australian Government.
Consent Orders
The simplest and most cost-effective way to settle both parenting and property matters is through Consent Orders. This process allows the parties to submit agreed arrangements to the court for approval. Once approved by the court, these orders become legally binding and cannot be easily overturned.
Consent Orders offer flexibility, as they do not require each party to have separate legal representation, unlike Financial Agreements. They provide certainty and security, knowing your settlement arrangements are legally protected.
Likely Process
Most family law cases are resolved through negotiation and agreement between the parties, often with the help of lawyers, before reaching a court hearing. This means you may not go through all the steps outlined, or you may face additional steps depending on your case. This guide offers a simplified overview to give you a general idea of what you might expect, but each situation is unique, and legal advice is crucial for tailored assistance.
Considering the overview above, for each part of family law, the process may involve the following steps:
Separation/Divorce Process
- File for divorce (sole or joint application).
- Serve documents (if applicable).
- Court hearing (if required).
- Divorce order finalised after 1 month and 1 day.
Property Settlement Process
- Identify and value all assets.
- Exchange financial disclosures.
- Negotiate or mediate the settlement.
- Apply for a court settlement order if no agreement is reached.
Parenting Arrangements Process
- Draft a parenting plan or apply for parenting orders.
- Attend mediation (if needed).
- Apply to court for parenting orders (if no agreement).
- Court hearing, where the judge will decide based on the child’s best interests.
Conclusion
Navigating family law matters can be stressful, but at Caspian Legal, we are here to guide you every step of the way. Our approach is transparent, supportive, and always in your best interest. We work to simplify complex legal processes, helping you reach the best outcome possible for you and your family.
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