Not sure what the deal with family law in Sydney is? Unless you work in the field, it’s probably not an area that you’ve investigated in a great amount of detail. A lot of people dealing with a divorce or separation will find themselves looking for a lawyer for the first time and will be overwhelmed to find that there’s a lot of information to digest.
Finding the right legal professional for you is very important, but first you’ll need to understand the field. So, what are the most important things you should know about family law in Sydney?
What you need to know about family law in Sydney?
Understanding children’s rights and parent’s responsibilities
It’s important for anyone dealing with family law in Sydney to understand that children have rights, whilst parents are responsible for them. Parents don’t have rights when it comes to their children, family law in Sydney is interested in ensuring that children’s well-being is looked after as best as possible.
That means that a court will ensure that child support and custody arrangements are made in the best interests of your child and based on what is practicable, not what you want. If you’re experiencing a break up or separation then you should remember that the family law in Sydney will focus on the rights of your child.
Super is an asset that can be divided
When you separate or get divorce it’s important to understand that your superannuation can be part of the shared asset pool.
On top of that, other interests, trusts or assets mat be fair game when it comes to getting divorced. This is something that people often don’t understand when they are interacting with the family law in Sydney.
Property isn’t always divided evenly
Another important thing to understand is that property is not always divided evenly between couples. Whilst the courts may sometimes make the decision to split things down the middle, this is not always how things are decided.
In reality, the courts will choose to allocate assets based on a consideration of the current and future needs of your ex-partner or children. They will look at factors like the care of your children and the costs of maintaining your home.
If you’re coming to an agreement outside of the courtroom with your partner, it’s important to ensure that you divide your property and liabilities in a fair and reasonable way, because otherwise your ex-partner may be able to pursue you in court later on.
Divorce and financial settlement are two different things
It’s also important to remember that there is a difference between financial settlements and divorce. Divorce is the legal dissolution of your marriage, but separate financial agreements will also need to be made.
To get divorced you’ll need to apply to the courts and you’ll need to wait at least 12 months. When it comes to financial settlements, you’ll be better off getting started on it straight away and it’s important to understand that you don’t need to wait for a year.
Working with a lawyer can help you get through the process more quickly. They can help guide you through the process of getting consent orders and applying to the court for a divorce.
It doesn’t matter if you’re de facto or married
Couples who are de facto will have a lot of the same rights and responsibilities as couples who are married. If you’re de facto you’ll still need to come to agreements about your children and assets.
So, there you have it! A few of the most important things you should know about family law in Sydney.