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7/31/2019 Understanding Legal Matters in all Areas of Family Law to Avoid Future Disappointment
1/13
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/7/31/2019 Understanding Legal Matters in all Areas of Family Law to Avoid Future Disappointment
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Page | 2 www.westminsterlaw.com.au Copyright 2012
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
7/31/2019 Understanding Legal Matters in all Areas of Family Law to Avoid Future Disappointment
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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.
http://www.westminsterlaw.com.au/family-lawhttp://www.westminsterlaw.com.au/family-lawhttp://www.westminsterlaw.com.au/family-lawhttp://www.westminsterlaw.com.au/family-law7/31/2019 Understanding Legal Matters in all Areas of Family Law to Avoid Future Disappointment
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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.
http://www.westminsterlaw.com.au/our-services/separation-and-divorcehttp://www.westminsterlaw.com.au/our-services/separation-and-divorcehttp://www.westminsterlaw.com.au/our-services/separation-and-divorcehttp://www.westminsterlaw.com.au/our-services/separation-and-divorce7/31/2019 Understanding Legal Matters in all Areas of Family Law to Avoid Future Disappointment
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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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