Family Law – Legal Affairs Lounge

Recently Separated? How to Avoid Divorce Court

admin07 — Tue, 15 Feb 2022 03:04:30 +0000

The end of a marriage or long-term partnership involves a great deal of upheaval. While making a divorce official is simple in a legal sense, the stress usually comes from dividing your belongings, figuring out financial support and deciding how to care for your children (if you have them).

Some couples can’t reach an agreement on their own. If this is the case, a judge may be called on to make a final decision about asset division, custody etc.

Here are some tips from a Legal Affairs divorce lawyer that explain what’s involved with a formal separation and how you can avoid going to court.

What happens after you separate?

Most couples separate after being together for many years. They have often purchased property together, merged their finances, adopted an animal and started raising a family. Each has also contributed to the relationship in different ways, either financially or by supporting the other person in their career.

When you separate, you have to decide:

What to do with your property
How to divide your cash and other assets
Who will take care of the children and when
If one partner needs to support the other financially
Some aspects of your children’s’ future (e.g. whether they will go to private schools and who will cover the cost)

Regardless of how you make the decision, you should have everything officially documented with the help of your Legal Affairs divorce lawyer. This will ensure everything is legally binding.

How to avoid divorce court

People end up in court if they cannot agree on how their assets will be divided, but there are plenty of options to keep you away from a judge.

Your first option is to discuss everything and make a decision as a couple. If your separation is amicable and you don’t have a lot of assets between you, this can be a straightforward process. Take note that while a handshake agreement can feel friendly, you still need to have everything in writing.

You could also work with a mediator. This person can help you decide who is entitled to what, who requires financial support from the other partner and how the children will be cared for. A mediator can explain things clearly and help to remove the emotion from the negotiation process.

The next step is to ask a lawyer to help you resolve everything with your former partner. Divorce lawyers understand what’s generally considered to be ‘fair’ in terms of a separation because they have helped so many couples to go through the process.

Working with a Legal Affairs divorce lawyer can be helpful if you no longer feel comfortable around your partner. You don’t necessarily have to be present during negotiations. If you each have a lawyer, they will represent your best interests and work to reach a mutually beneficial outcome.

There are costs involved with seeing a lawyer, but this professional can help ensure you don’t miss out on funds you’re entitled to. Your lawyer will make sure all money is accounted for during negotiations and check that calculations in terms of financial support are correct. If you suspect your ex won’t do the right thing by you, a lawyer can save you many thousands of dollars.

Going to divorce court

If you and your ex can’t reach an agreement with the help of a lawyer, the next step is divorce court. This is a costly process and it can take a great deal of time before your court date arrives. Often, the judge’s decision will be what your lawyers have recommended anyway.

Awaiting your hearing date can be very stressful. While many people believe the purpose of a divorce lawyer is to represent you in court, the goal is actually to ensure you don’t end up there in the first place.

Avoiding court

Here’s how to stay away from the judge:

Listen to your lawyer. They know the outcomes of past court cases and will give you advice accordingly. They will also let you know if your wishes aren’t reasonable.
Don’t attend negotiation sessions if you’re worried you will get angry and make the wrong decisions.
Take a short break. It’s good to have your divorce resolved quickly but having a little time out to think and regroup may help you reach a resolution.
Be willing to compromise. It’s not about ‘winning’. It’s about finding a good outcome so you can both move on with your lives.

Divorce is never pleasant but ending up in court adds to the financial and emotional pressure. An experienced and reliable Legal Affairs divorce lawyer will do everything in their power to save you from reaching this point.

Need advice to avoid divorce court? Book your free 45 minute appointment with a Legal Affairs lawyer from Legal Affairs Lounge today.

Disclaimer: The content contained in this news post is general in nature and is intended to provide a general summary only and should not be relied on as a substitute for legal advice.

Buying Real Estate with Your Partner: Do You Need a Prenup?

admin07 — Mon, 20 Dec 2021 05:26:02 +0000

Buying real estate, can be an incredibly exciting process, particularly the first time around. If you’re intending to do so with a partner, it’s just as momentous and signifies a big step in the relationship, as you plan towards a happy future together.

Buying property is the biggest purchase many Australians will ever make. So, it’s important to understand what you’re signing up for.

Are you looking to buy real estate with your partner?

Find out with the Legal Affairs family law solicitors at Legal Affairs Lounge if you need to organise a prenup first.

The discussions to have and what to consider

Both family law solicitors and Legal Affairs property lawyers recommend sitting down with your partner and answering some questions before any contract is signed.

What are they?

How much money are you intending to put towards the deposit?

Who will pay the legal fees, stamp duty and other related purchasing costs?

Will the property purchased be in both names or one?

Are you to be classified as joint tenants or tenants in common?
Are either of you entitled to concessions
How will the mortgage and other costs (rates, water, utilities, insurance, body corporate fees – if applicable) be paid? 50/50 or some other arrangement?
What will happen to the property if one partner dies?
What will happen if you separate and sell the home? What will happen if you separate and one of you wants to keep the house?
Will the possibility of children in the future affect financial roles and responsibilities based on primary and secondary caregiving duties?

If you can’t agree on one or even a handful of the above points of consideration – is buying property together something you should be doing?
On the other hand, if you would both like to have the above points of consideration in writing, drawn up and witnessed by legal practitioners, consult trusted family law solicitors to arrange a prenup.

What’s a prenup anyway?

If you are currently in a relationship, you and your partner can enter into a Financial Agreement which sets out how the property will be divided up, in the event that you separate. These Financial Agreements are often referred to as a Cohabitation Agreement, Prenuptial Agreement or “Prenups.”

A “Cohabitation Agreement” is for couples living together in a de facto relationship or marriage.

A “Prenuptial Agreement” is for couples that intend to marry.

They are both types of Financial Agreements under the Family Law Act.

Financial Agreements are a beneficial way to address dividing net assets (such as property) and resources in the event of a marriage or relationship breakdown.

They’re used frequently in high profile marriages/de facto relationships such as celebrities and billionaires who have a lot at stake.

Yet, they’re also a great tool for the everyday couple to consider, avoiding Family Court proceedings and fighting over property.

Who gets the house?

In the unfortunate and saddening event of a marriage or relationship breakdown, it’s commonly thought assets get split 50/50. This isn’t always the case as every situation is different, including property settlement affairs.
Did you know it can take several years to finalise a property settlement in the courts? This is why many couples prefer setting out at the start the of relationship what each partner will receive in the event of separation without going to court. This can save a lot of stress, time and money and will allow each of you to move on with your lives.
Looking to buy property with your partner?

Organise a Financial Agreement with family law solicitors from Legal Affairs Lounge for peace of mind for your future.

Disclaimer: The content contained in this news post is general in nature and is intended to provide a general summary only and should not be relied on as a substitute for legal advice.

What’s New in Family Law Proceedings?

admin07 — Fri, 01 Oct 2021 03:24:10 +0000

In August 2021, passing of a new law saw hope for parties within Australian family law proceedings in terms of disclosing superannuation.

Want to know the latest news in Australian family law proceedings and what it all means? Read more from the Legal Affairs Lounge team of Legal Affairs family lawyers, to find out.

Outlining the new superannuation disclosure law in family law courts

In late August of 2021, a new law was passed through Parliament which will now allow the Australian Tax Office (ATO) to release superannuation information to a family law court.

Under these changes in the Treasury Laws Amendment (2021 Measure No. 6) Bill 2021, it will prove exceptionally harder for parties to both conceal or under-disclose their superannuation assets to their former partner within family law court proceedings.

How does it work?

For information to be obtained, the applicant must be a party to a family law property proceeding, and then apply to a family law court registry to request their former partner’s superannuation information held by the ATO.
From here, parties can seek up-to-date information about the superannuation fund.
For further, tailored advice, and help to do the above, seek the specialist legal services of a trusted Legal Affairs divorce lawyer or family lawyer.

How is this new law a significant step in the right direction?

Yes, this is a new law, but why is this important in the context of family law proceedings?

It’s momentous because this change will make it easier for victims and survivors of domestic abuse to recover their fair share of entitlements.

Women’s Legal Service Victoria CEO, Serina McDuff has hailed this new law as an essential step to improve the economic outcomes for victims and survivors of family violence, particularly those who have or are suffering financial abuse.

McDuff states:

“So many women leave violent relationships with no assets, and this has an enormous impact on their ability to recover financially, as well as emotionally, from years of abuse…
We still have a long way to go to make sure vulnerable women are not left high and dry after leaving their partner, but this new law removes one important barrier to a fair asset split.”

Are you navigating a marriage breakdown and you unsure of your rights and responsibilities? Receive honest and compassionate clarity with a trusted divorce lawyer on the Legal Affairs .

We work with you to find the best solution for you and your family

Accessing this information is envisaged to better support separated couples to divide their property on a just and equitable basis, alleviating financial hardship and negative impacts on future retirement incomes.

After all, superannuation is often the biggest, or even only asset, in a relationship. Legal Affairs Lounge have a dedicated team Legal Affairs divorce and family lawyers who use experience and compassion to deliver outcomes that are just and fair.

Looking for a professional and compassionate family lawyer on the Legal Affairs ? Contact Legal Affairs Lounge today for family law services tailored around your personal circumstances that aim to bring about the best solution for you and your family.

Disclaimer: The content contained in this news post is general in nature and is intended to provide a general summary only and should not be relied on as a substitute for legal advice.

Family Law and Mental Health – You’re Not Alone

admin07 — Fri, 01 Oct 2021 00:49:18 +0000

Nobody enjoys separation – especially when there are children, shared money and assets involved.

There are so many uncertainties, emotions and stress that can take its toll on potentially each impacted family member. Even more so if support is not asked for nor received. That’s why prioritising your mental health when dealing with family law preparations, advice, services and perhaps, proceedings, is very important.

Want to know the essential tips to maintain your mental health and wellbeing when navigating the family law process? Find out what you need to know from your Legal Affairs Lounge, down below.

Know you’re not alone

With modern data suggesting up to 33% of all Australian marriages expected to end in divorce, and plenty more undocumented relationships and de-facto partnerships that produce children falling to the wayside, too – you’re not alone in a breakup or breakdown.

Here’s what you can do to seek support:

Don’t be afraid to talk with friends and family members – especially those who have experienced a breakdown of a relationship where children were involved.
Consider seeing your general practitioner to organise a Mental Health Care Plan which will provide you with bulk-billed or subsidised counselling sessions.
Other support services you can reach out to include Beyond Blue and Lifeline – both of which provide assistance from trained professionals in crisis management and are available within Australia anywhere at any time.
Take some time off work to rest and regroup and of course, be kind to yourself in these circumstances.

The division of property, money and other assets, nor child custody arrangements won’t be easy, but you can be professionally and compassionately supported in these trying times. You’re not alone – contact a Legal Affairs family lawyer as soon as possible.

The family law system in Australia

Family lawyers, like ourselves, see many issues day in and day out that impact families including stress, mental illness and breakdowns, domestic or family violence and drug and alcohol abuse and their effects on families.

In many cases, there will be a battle ahead to resolve situations and achieve positive outcomes for all involved.

It’s okay to seek help – in fact, it’s encouraged. Remember too, that this may be one of the most difficult times in your life, but you will get through it and come out on the other side.

Legal Affairs Lounge can help you navigate the system

At Legal Affairs Lounge, we’re dedicated to helping you through your difficult journey towards the best possible solution, with care, compassion and confidentiality. We work with you – understanding your personal circumstances to devise a strategy with an aim to reach the best end result for you and your family. Our services are exceptional and of the highest calibre. Our fees are affordable, with flexible pricing structures available.

If it sounds like you may need our help and advice, contact us today to book your complimentary 45-minute consultation, free of any fees or obligations. We’re here for you. Contact the Legal Affairs lawyers at Crest today.

Disclaimer: The content contained in this news post is general in nature and is intended to provide a general summary only and should not be relied on as a substitute for legal advice.