understanding legal matters in all areas of family law to avoid future disappointment

7/31/2019 Understanding Legal Matters in all Areas of Family Law to Avoid Future Disappointment

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Page | 1 www.westminsterlaw.com.au Copyright 2012

Your Guide in

Understanding Legal

Matters in all Areas of

Family Law
http://www.westminsterlaw.com.au/


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Table of Contents

Getting Married? Get Help on Family

Law, Melbourne Couples Advised 3

How to Choose Your Divorce Lawyer:

Melbourne Experts Advice 5

Divorce Advice for Women from Family

Lawyers, Melbourne Attorneys and

Legal Experts7

Divorce Lawyers Melbourne: When Love

Unravels 9

How to Arrange for Sufficient Child

Support 11


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Getting Married? Get Help on Family Law,

Melbourne Couples Advised

Whoever said that the greatest prenuptial

agreement in the world is love probably

hasnt heard about devastating Hollywood

divorces. Of course, nobody wants to

prepare for marriage by getting ready for adoomed end. But most people will agree

that being well-informed (legally, at least) is

a good way to start a lifelong commitment.

In Australia, there are significant changes to

the Family Law Melbourne couples should

be aware of. If you have just decided to tie the knot, learning more about

the updates on pre-nuptial agreements should be a good way to start.

During this process, getting the services of a lawyer specializing in family

law can help guide you navigate the finer legal points of married life.

Under the updated Family Law Act, a pre-nuptial agreement will now be

binding not only to married couples, but also to same-sex couples and de-

facto partners. The Federal Government says that this will address the wider

majority of people wanting to seek protection from the law in case of

unfortunate outcomes, such as a separation or divorce. The changes also

aim to make pre-nuptial agreements stronger and more binding, to help

couples manage financial and property issues such as how to divide assets

of the conjugal partnership.
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In the light of such developments, legal experts say that now, more thanever, it is wise for couples to seek assistance from a Family Law specialist

when they are preparing legal documents aimed to protect their individual

and familys interests. Australian laws on

pre-nups are relatively young just more or

less a decade old and since it is still

evolving, legal advisers are expecting more

changes and updates will still be

implemented in the near future. With the

help of an expert onFamily Law, Melbourne

couples can be sure that the documents

they design will still be considered legally

valid in case a time comes that they would

need to refer to it.

The help of a family law expert can alsohelp a couple plan, manage and organize

their overall estate. Legal advice on

legislative processes and technical issues can help you save time, effort and

resources in case youll ever need to go to court. A family law practitioner

can keep your documents up-to-date and make sure agreements adhere to

legislative requirements whenever a governing law is updated. You may not

always be able to control lifes developments, but with honest, wise advice,at least youll be sure that the law is on your side.
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How to Choose Your Divorce Lawyer: Melbourne

Experts Advice

The process of divorce is considered one of the most draining periods insome peoples lives emotionally, physically, and if youre not well-advised,

financially as well. As with most significant life changes, having a strong

support system to back you up is a crucial factor for you to be able to

handle the stress of this challenging time. Spend time with your family.

Seek strength and humour with your best friends. And get a smart, highly-

competent lawyer quick.

In Australia, divorce is governed

by the Family Law Act, which just

recently underwent a major

overhaul including changing the

grounds and system for divorce.

In the light of these

developments, it is critical to hire

a divorce lawyer with a solid

background and good track

record, as well as up-to-date with current legislative changs.

Finding a good lawyer is not just about typing divorce lawyer Melbourne

on online search engines. Youll need to carefully weigh your options with

research, face-to-face meetings, reference checks, and more.

Do your homework. Your divorce attorney will represent your interests, giveyou counsel, and guide you in every decision that may have legal

implications. Take thorough care when choosing your divorce lawyer ask
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your connections, seek recommendations, cyber-stalk potential names.

Have a lineup of candidates and meet them in person for an interview.

Its not a contest. During an emotionally-charged time, it may be tempting

to choose a lawyer who will promise to be a zealous champion to win you

everything you want. However, the most effective lawyers can be someone

who will give you a clear, unbiased scenario of what divorce proceedings

are, and who listen to your objectives to help you come up with an action

plan.

The court as a last resort.

Looking for a good lawyer?

Chances are, you wont find

them in court. Divorce lawyer

Melbourne experts say the

best lawyers are often great

negotiators. Choose a divorce

attorney who can execute the

best strategies and settlement

proposals to keep you from

going to court, thus saving you the added effort, emotional baggage, and

financial stress of a protracted litigation process.

Trust your instincts. Aside from considering the pros and cons objectively,

its also a good idea to tune in to what your instincts tell you. Being

comfortable with your lawyer means you will be able to give him or her

important, often intimate details that may help you present your case moreeffectively.
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Divorce Advice for Women from Family Lawyers,

Melbourne Attorneys and Legal Experts

Anxiety. Stress. Frustration. Loneliness.

Hopelessness. But also, relief and freedom.

It is no secret that divorce can be one, if

not the, most emotionally taxing

challenges you could ever face in life. Andif youre a woman, most experts believe

the negative impact is multiplied when it

comes to your health, self-esteem and finances. A Marie Claire magazine

report says that most of the time, women are hit harder than men, with a

45% substantial drop in their quality of life post-divorce.

In Australia, where statistics say that one out of three marriages end up in

divorce, there are more women initiating the divorce than men. This,

despite a study by the Australian Institute of Family Studies saying women

are left with significantly worse financial status than men after a divorce, as

they experience far more hardships than their ex-spouses. Given this

scenario, its no wonder why there are more women who are looking for

legal counsel should seek family lawyers, Melbourne legal experts and

divorce attorneys who champion a pro-woman perspective.

While you may not be able to avoid the negative effects of divorce, there

are ways to cushion the blow and help you recover your life more surely.


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Get funding. Divorce is not only emotionally stressful but also financially

draining. You will need money to support yourself and your children,

whether or not your partner cuts off his financial contribution. Youll be

paying for your lawyer and other legal requirements. A lot of womenundergoing divorce have been economically dependent on their spouse,

and if you also have this predicament, think of ways to establish your

funding. For instance, you can borrow money or sell your car but make sure

you are seek advice first regarding proper documentation and other legal

considerations.

Organize. Keep track of every development. Maintain a calendar to write

down events, deadlines, and schedules of meetings. File your paperworkwith proper labels for easy reference. The period will also make a huge

change on your family schedule. Make sure to correspond with your

childrens schools, doctors,

teachers and other affected

parties.

Talk to your lawyer. Considering

family lawyers, Melbourne legal

experts and divorce attorneys with

a track record of understanding

womens issues may be able to

help you represent your case better. A lawyer with an advocacy for

womens rights may be able to address the specific issues and areas of

concern unique to women.

However, your search shouldnt be limited to just the pro-women standard.

It should also be matched with competency, legislative know-how,

negotiating skills and empathy qualities of equal importance when youre

looking for a lawyer.


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Divorce Lawyers Melbourne: When Love Unravels

Life doesnt always work out theway you want it. That partnership

you were aiming for at your firm

didnt pan out. That investment

opportunity failed to come

through. That vow you made

til death do we partturned

into til one of us grows weary ofthe other. The longevity of

marriage, try as couples might,

rarely reaches the ideal period it was meant for, which is that its supposed

to be forever. When your blessed, legally mandated union is most assuredly

headed for a heart breaking division, divorce lawyers Melbourne firms

provide can help you put the pieces back together.

Emotions will run high when you and your spouse have finally decided that

there is no other recourse but to dissolve your marriage. Legally, as a

married couple in Australia, youll only be granted a divorce if youve

satisfied the required 12-month separation period. Applying the principle of

the no-fault divorce, Australia has made it possible for many couples to

avoid embittered divorce proceedings by giving them the yearlong

separation to make a complete determination that no other avenuesfrom

reconciliation to therapyexist to save the marriage and that the union is

truly irreparable.


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You and your spouse may use this time to try and settle matters concerning

your parental responsibilities. If your marriage has been blessed with a

lovely brood all under the age of 18, divorce lawyers would advise you to

resolve any arrangements the children will require before submitting yourdivorce papers to the courts. This should avoid any delays when your

lawyer begins drafting the legal document that would detail any

agreements you and your spouse have made regarding your children.

During your marriage, its

normal to have acquired a few

properties like a home, a car (or

couple of cars), bank accounts,and other financial assets.

Inevitably, all these will have to

be divided between you and

your spouse. Settling financial

affairs has proven to be a fiery

phase in any divorce proceeding, and your own divorce might not be safe

from it. A divorce lawyers expertise will not only help to settle division ofproperties as fairly as possible, but hopefully with fewer heated discussions

over who gets what.

Divorce lawyers Melbourne firms have on board can facilitate the legal

dissolution of a marriage quickly and inexpensively. To avoid a bitter,

drawn-out process that can cost you more than losing a significant amount

of money, take the 12-month separation to reach out to your spouse and

try to resolve a few matters privately.

Your marriage might not have worked out the way you envisioned it when

you and your spouse walked down the aisle. But you can certainly exercise

control over how your divorce proceedings turn out. Use whatever bond


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you have left with your significant other and try to reach an agreement

privately. And youll be surprised at how that one final gesture can make

the termination of your union so much easier to accept.

How to Arrange for Sufficient Child Support

As much as youd like to avoid the issue, the possibility of your family

suddenly breaking up might happen. Its not an ideal situation obviously,

but it can be made manageable and acceptable at some point in your life.

When you and your spouse have exhausted all possible opportunities forreconciliation and the viability of a divorce is looking like a done deal, then

you have to set your emotions aside for the sake of the children. Because

even before your divorce proceedings can

commence, youll need to settle parental

responsibilities privately to avoid time-consuming

court schedules or costly settlement conferences.

One of those responsibilities will include child

support. The Australian government has made

this usually difficult post-divorce matter easier to

arrange. When you and your soon-to-be former

spouse are in agreement over the amount to be

paid and the schedule of the support, the private collect option allows you

to transfer payments between yourselves. This is done without thesupervision of the courts or the Child Support Agency (CSA). Though you

will basically be making the arrangements on your own, it would be

advisable to put your agreement in writing just as a future reference to

keep track of payments.
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When there is a contention about the amount and frequency of payment

you need to make but youd really rather not have the courts step in, the

CSA provides achild supportformula that will help you and your ex-spousesettle on a reasonable amount. The CSA also provides information on

paying support when one parent lives overseas, when your financial

circumstances change, calculating the cost of raising your children, and a

range of other useful data, which you can apply to your particular situation.

If your divorce has truly left you

and your ex-spouse absolutely

truculent, then the court can

decide and order the amount

and frequency of your childrens

support and the CSA can collect

the payments for you or your

former spouse. A child

maintenance order isnt only

applicable to the children of

legally married couples. Under the new law, de facto couples (couples

heterosexual and same-sexwho have lived together for more than two

years without being legally married) who have a child through conception

or adoption are legally bound to paychild support.

Whether you and your former spouse are in complete agreement or

disagreement over the amount and frequency of support for the children,

arranging the whole affair will be made entirely easier with the assistance of

family lawyers. With a legal agreement drawn up, future contentions that

will make it seem like youre still living under a single roof with your former
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spouse, should be prevented. In doing so, youll be able to devote all your

energy towards raising your children in a stablethough separate

environment.
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understanding legal matters in all areas of family law to avoid future disappointment

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