In Australian law the parental side of marriage breakdown is referred to as ‘Parental responsibility,’ and instead of ‘custody’ we use the term ‘time spent.’

Parental responsibility includes decision making elements such as the child’s religion, schooling, health care and etc.

The Courts start with the idea that decisions should be made in the best interests of the children. Overall, the Courts are very reluctant to give one parent full parental responsibility and time spent. It is considered in the best interests of the child for them to have a relationship with both parents. One parent will usually however be given the majority of the time with the children. Who this is will depend and we recommend seeking legal advice that is specific to your circumstances.

Sydney Divorce Lawyer specialises in mediation and child custody.

Spousal maintenance is financial support paid from one former partner to another. It is only claimable if one person has a need because they cannot meet their own reasonable expenses from their personal income or assets.

Criteria

When the Court is deciding this it will look at:

• the other party’s capacity to pay;
• your age and health;
• property, income and financial resources;
• your ability to work;
• what is a suitable standard of living; and
• if the marriage has affected your ability to earn an income.

Government departments normally arrange child support. The government then collects and transfers the payments on the parents behalf. If you can come to an agreement with your former partner, payments can be arranged privately.

The amount of child support is calculated based on a formula and takes into account the income of the parents, the time spent with the parents and other relevant factors.

In Australia these are referred to as Binding Financial Agreements (BFAs). You can arrange a BFA in three different scenarios:

1. Before you are married or commence a de facto relationship, to protect assets you have entering into the relationship (these are what are referred to colloquially as pre-nups);
2. During the relationship, to protect assets accrued;
3. After separation, often to deal with the issue of spousal maintenance or to formalise a property settlement.

Legal Help

BFAs must be very carefully drafted to ensure that they are enforceable. Both parties must obtain independent legal advice before they sign.

Usually family lawyers will say don’t move out.

The reasons can include such factors as increased costs by way of  mortgage fees or by incurring additional rental costs.

Also, it is possible to lose control of maintaining any assets in a saleable condition, if a sale is necessary.

If there is a situation where the other party is difficult, sitting in the home comfortably having the mortgage paid, Court application may become more likely. In my experience these situations can stifle settlement and lead to Family Court or Federal Circuit Court proceedings.

Separation under one roof is usually less than ideal, and uncomfortable for both parties, which can be a good motivator for a speedy settlement.

Risk

Of course of there is any domestic violence or risk to personal safety then these must take primary consideration.  If you,  the children or pets are in any danger then you should immediately leave to a place of safety.

If you are unsure at all please call us immediately on 02 9283 5599 to discuss your options.

At Koffels Solicitors we will do everything we can to keep your matter from being resolved by the Court, unless entirely necessary. This is because there are long delays and expenses associated with the Family Courts. The vast majority of cases settle outside of Court via negotiation (through lawyers) or mediation. We can then apply to the Court to have the agreement made into Consent Orders, which are enforceable by the Court.

We know from experience that it will ultimately be in your best interests to settle your matter fairly and sensibly. Sydney Divorce Lawyers can achieve this by approaching each matter practically and creatively.

Cost Effective

We do this so we can reach a cost-effective solution to your legal problem. Our family lawyer will empower you with the knowledge you need such that you will know your legal rights.

Responsible

We take responsibility for your case and work hard to provide a cost effective and equitable solution. In addition we are one of the most experienced law practice in Sydney and will dedicate our time to your legal problem.