Issues relating to the breakdown of a relationship are as varied as they are complicated, often requiring the skills of an experienced family court lawyer in Sydney to navigate them successfully. While this is an area of law few people expect to find themselves involved with, it is unfortunately more common than we realise and has created a great deal of precedential case law to go with it.
While many marriages or de-facto relationships can end on reasonable, amicable terms, most of them do not. The hot-running emotions of people during relationship breakdowns can make related issues difficult for them to tackle realistically, which is why many people rely on the assistance of a talented family court lawyer in Sydney.
Let’s take a look at some of the most common situations where someone might require the services of a family court lawyer in Sydney.
Filing for divorce
The eligibility requirements and paperwork involved in annulling a marriage in Australia is deliberately complicated in order to make sure the process is only carried out by those who sincerely see no other option. The legal system would much rather than bickering couples work out their differences and carry on with their marriage, especially when there are children who are dependent on them.
If divorce is the only appropriate path forward, then many people will benefit from engaging a family court lawyer in Sydney. This solicitor will be able to help them prepare and serve the necessary paperwork in order to start the process.
The division of marital assets, also known as property settlement, is one of the most hotly contested areas in civil law. Many former partners, bitter at one another, will try to retain as much of the marital estate as they can get away with.
While it is possible for a property settlement to be mediated outside of the courtroom (a process encouraged by the judicial system) this negotiation will still often require the help of a family court lawyer in Sydney. The solicitor will be able to help their client understand what they can realistically demand and what they can sacrifice for the sake of an agreement.
The solicitor will need to be skilled with ADR (alternative dispute resolution) and be prepared to match wits with their counterpart representing the other party. If a negotiated settlement cannot be reached then the family court lawyer in Sydney will be required to represent their client’s claim before an arbitrating judge.
Similar to property settlement, a family court lawyer in Sydney will be necessary during both negotiations and potential litigation involving the custody of children. When these matters are determined in a courtroom, solicitors will need to have a good understanding of the formulas by which custody is usually determined and make arguments on behalf of their client as to why they are more appropriate caregivers then their former partner.
This issue is one of the most acrimonious and it’s easy to understand why. The legal system is incredibly conscious of the emotional and developmental effects of parental separation on child and works to mitigate this negative impact wherever possible.
A good family court lawyer in Sydney will understand the desires of the legal system and their client in order to find a just outcome that works best for the children. While both parents will care greatly for the welfare of their children, they may not always be honest in their appraisal of their former partner.
It is the responsibility of solicitors to separate their client’s emotional biases and help them understand a realistic and satisfactory solution to the dispute.