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Family Law Specialists |
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The breakdown of a marriage or de facto relationship can be traumatic. At the very least, it is certainly an emotionally draining experience. What complicates matters is that this is also the very time when decisions have to be made and agreement reached, which will have important, long term effects or consequences for you, your partners and /or your children. With emotions running high and uncertainty about your rights and obligations, you really do need help to reach the best outcome in the least traumatic way. We Are Here To Help Baldwin Cartwright Family Law Department is headed by Selena Cartwright and is made up of five lawyers. The team at Baldwin Cartwright takes time to listen. To understand. Most importantly, you can be confident that they are there to help you. The team is professionally trained and will give you advice that is accurate and reliable. On top of that, you will benefit from someone who is not only informed but who can be objective and help keep emotions from blocking a path to a fair and practical outcome – the best outcome for you. The Help We Provide Right from the start we will advise you as to:
The Facts You Need To Know Before you decide to get divorced, it is important to consider whether counselling could help you to resolve your differences. Indeed, if you have been married for less than two years, you must undertake counselling before a court will hear an application to dissolve your marriage. One-Year Separation Before applying to the Family Court, you and your spouse must have lived apart for a minimum of one year, even though, under some circumstances, it is possible to have a separation under the same roof. This period may be broken by a trial reconciliation, providing that it has not lasted longer than three months. Starting Divorce Proceedings To secure a divorce, you must be able to show that your marriage has broken down irretrievably and that there is no prospect of you and your spouse being reconciled. You should note that the court is not concerned with who is at fault or whether one spouse does not wish to be divorced. Either you or your spouse may initiate proceedings. The partner who does will be liable for the following outlays:
The new shared parental responsibility regime for Children: On 1st July, 2006 the Government introduced some of the biggest reforms to our family law parenting system. The reforms abolish the terms “residence” and “contact” and are now replaced with notions of who the children will live with and who they will spend time and communicate with. Who children will live with: Legal advice is essential if there is any dispute about which parent the children will live with. In such an instance, the Family Court will place most emphasis on what offers the best outcome for the children. This will resolve around the children’s relationship with each parent and how they would be affected by a separation from either parent. Also, each spouse would be looked at with regard to his or her attitude to parenting, past performance as a parent and capacity for meeting the child’s physical, intellectual and emotional needs. The time children are to spend and communicate with the other parent: The Law encourages separating couples to reach their own agreement on how much time children are to spend and communicate with the parent with whom they don’t live with. In fact from 1 July, 2007 before either parent can institute court proceedings they must have undertaken some form of dispute resolution with a registered Family dispute resolution provider and must file a certificate with the Court before the court will hear and determine children matters. There are some exceptions to this notion and it is essential you obtain some preliminary advice to know if this is applicable to you or not. Where parties are unable to come to some consensual agreement they are able to apply to the Court where the Court will impose a decision. The child or children have a right to know and be loved by both parents and thus the court encourages children to spend time and communicate with the parent with whom they don’t live. In certain cases the Court is now under an obligation to consider the notion of shared care and if this is not applicable then the court must consider the child spending substantial and significant time with the parent with whom they don’t live. Paying Spousal Maintenance The Law requires that you are liable to maintain your spouse where:
Child Support As parents, both you and your partner share the responsibility of maintaining your offspring until the age of 18 years. In most cases the Child Support agency will calculate the amount of maintenance to be paid for the children. However, it is still possible for the parties to enter into their own arrangements in some circumstances. You should also be aware that as part of the Government’s reforms to our family law parenting system the Government have also made reforms to our child support system, the largest component are being implemented in July, 2008 which will introduce a new formulae for calculating and determining the amount of child support payable. If you require more information you can contact either your Lawyer or the child support agency. Property Settlement You must apply for a property settlement within one year of your divorce becoming final. Your lawyer’s help is needed if there is any dispute over property in a divorce. The court considers several factors when dividing property in a divorce. These include the contribution each spouse has made to the marriage and in the accumulation of assets as well as the present and future needs of each spouse. De Facto Relationships Both partners in a de facto relationship may have rights and obligations in relation to custody, property settlement, social security payments, maintenance, etc. We will advise you about the various conditions that apply to claims for access, property settlement and maintenance. Protection (Restraining) Orders If there have been occasions of violence and/or abuse to either you and/or your children, then you need assistance. We are able to help you so remember, When Your Future Is at Stake… No one will fight harder for your rights than the team at Baldwin Cartwright Lawyers.
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 Copyright © 2007 Baldwin Cartwright LawyersThis information does not constitute legal advice and is not intended for use without professional legal advice |
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