Family law is the place of law that deals with particular family matters like your kids, divorce and your property. Most of the law issues in NSW, Australia is covered by the family act. If you are married or in a de facto relation, the family law act will cover all disagreements you may have about your kids or property. Even if you are married or in a de facto relation, the family act law still covers every disagreement you have about the kids or your relationship, for instance, where they will live.
When a relationship ends there are kids from the relationship, both parents normally want to maintain contact with kids. The way in which the parents establish and maintain this contact can be made formal via the courts, to provide the parties some certainty as to the contact. In New South Wales court orders dealing with kid issues are called with orders and time spend with orders. These address concerns such as:
- When can a kid see a parent and under what conditions?
- Who will the kid live with?
- What school will kid go to and will the kid be brought up according to a certain religion?
- Quarries surrounding the kid’s medical treatment.
When determining what are the best interests of the kid the court has to look at primary consideration and secondary considerations.
The primary considerations are:
- The advantage of kids having meaningful relations with both mother and father
- Their need to be protected from any danger
In making the decisions about what are the best interests of the kid the court must have regard to the following laws:
- That kids have the right to know and care for by both their parents
- That kids have a right to spend time as well as communicate on a usual basis with parents
- That parent should agree about the future or their kids
- The parent mutually share duties as well as responsibilities concerning the care
Separation And Divorce
It’s possible to get a divorce even if you and your spouse lived in a similar home during half or complete one-year separation term. You will need to provide additional info and paper to the court. You can not apply to the court for a divorce unless you have been separated for at least one year before the application is filed. You can start negotiations about kids and property as-soon-as the marriage is broken. Several matters are resolved before the divorce request is filed.
The similar laws about property apply whether or not you were wedded, or in a de facto relationship. You can start negotiations about property as-soon-as the relationship or marriage has broken down. If you divorced you have start property or spouse maintenance proceeding with one year of your separation becoming final. If you have been in a de facto, you must commence property proceeding within 2 years of your divorce.
If you’re in de facto relation you make a paper for a property settlement below the family law act if anyone more if the following conditions apply:
- You have a kid with your de facto partner
- Your de facto relationship lasted for at least two years;
- You have made substantial participation to the finances or property of your partner.
After separation – how to divide assets?
The property includes whole things owned by either 1 or both partners including:
- Money and investments
- Real estate as-well-as personal property
- Property owned earlier the wedding
- Inheritances, gifts, lottery wins received by 1 partner/spouse
How does the court divide property?
- Property owned earlier in the relationship or wedding: the extent to that this is considered the property of a partner will depend on the time of the relationship/wedding and what contribution to the other partner made towards the accumulation as well as the maintenance of the property.
- The contribution made by both sides during the relationship and marriage
- Generally, contribution to the welfare of the family would be also considered.
It is a good idea to get a lawyer for your property settlement in NSW even if you only need law advice and help to make consent orders.
An application can also be made to child support to question for the kid support assessment to be altered due to special conditions. This following must be considered:
- The extreme costs of spending time with your kids
- Caring for your kid, for instance, if they need braces on their teeth or have some disability that requires some huge expenses
- Educating your kid and the assessment doesn’t perfectly reflect one or both parent’s ability to pay child support.
In certain situations, it’s possible to backdate these alterations. You’d get some legal help about this procedure before you start on it.
Parents and guardians must-read letter for child support very carefully (or ask them to be explained smoothly) to find out about their obligations to contact child support.
Note: This information is intended as a general guideline to the family law in Bathurst NSW, and we recommend you contact a lawyer to aid you. This information is valid at the time of writing, however, it might change.