A breakdown of a relationship can be tough on everyone involved. Unfortunately, it becomes more complicated when you need to get a divorce and divide up your assets. This is why The Family Law Act was established in 1975 and indicates how divorce, property settlement and custody of children should be handled. If you don’t know much about the subject, here is everything you need to know about family law solicitor Campbelltown.
My partner and I have separated, what do I do now?
After making the difficult decision to separate from your spouse, you should start thinking about finding a lawyer who specializes in family law solicitor in Campbelltown. However, while you are still looking for the right attorney to help you, it is often suggested that you change all your passwords and make sure your ex partner is unable to access your private information. It is important that you protect yourself against a potentially angry or upset previous partner. As a separation can be tough on everyone involved, it is best to find a legal professional as quickly as possible; there are many different law practices that offer help in regards to family law in Campbelltown, so it shouldn’t be too challenging to find someone to help you with your situation.
When can I file for divorce?
Although it is not uncommon for couples to separate or divorce, many governments want to be sure that the relationship is completely over. Due to this, in Australia couples need to be separated for 12 months before they can file for a divorce. So if you have recently separated you will not be able to continue with the legal proceedings straight away. One thing you can do, though, is make sure you know how you want your assets divided. This means that after the 12 months you will be able to contact a solicitor who focuses on family law in Campbelltown and describe in detail what you would ideally like to happen.
Is it more difficult if we have children together?
Having children involved can make things more complicated, as many couples who separate fight over who gets custody. The main thing to remember in this situation is that both you and your ex need to do what is right for the children. Any legal professional who concerns themselves with family law in Campbelltown will be familiar with this situation and will be able to guide you to help come to a resolution. Oftentimes, this can be decided without having to go to court. Any lawyer will be able to discuss the viable options with you, which include parenting plans and consent orders. It is important to remember that anything you decide will be tailored to you and needs to suit everyone involved.
What are parenting plans and consent orders?
Both parenting plans and consent orders are ways enforcing, and creating rules for both parties in regards to who has the children and when. A parenting plan is considered as an informal agreement that is signed by both parents. One benefit of this is that it can be simply altered to suit a change in circumstances, by just writing up a new plan. Therefore, if you are on good terms with your ex, and can come to an agreement, this is a great option. This differs from a consent order which is enforced by the court. As it is a court order, if the agreement is broken, it becomes a punishable offense. This alternative is best if you are struggling to come to an agreement, or if you and your partner are no longer on good terms. It will ensure that all parties stick to the agreement.