The team at Lanham Lawyers know just how traumatic separating from your partner can be, and are dedicated and passionate about providing you with realistic and practical legal advice, whether it be about property settlements, child welfare issues or how to file for divorce.
Generally speaking, children will live with their primary carer, who is usually the non-working parent or the parent who works casually or part-time while the children are at school. In deciding how often the children should spend time with the other parent, the overriding principle which determines these disputes is that the best interests of the children are paramount.
In determining what is in the children’s best interests, it is about finding a balance between ensuring the children have a meaningful relationship with both parents versus the need to protect them from physical and psychological harm. Usually, parents are considered to have equal parenting rights unless that would place the children at risk.
If you cannot reach a mutual agreement with your co-parent and you need the intervention of the Court, things the Court will take into consideration are any views expressed by the child (depending on age), the nature of the children’s relationship with each parent, and whether there is a history of family violence and/or a future risk of the children being harmed.
As a team, we will work together to explore the issues in your matter and start working towards a solution. Where possible, we always aim to resolve these issues through mediation and negotiations, but if this is not possible, our team have the skills and experience to guide you through the complexities of negotiating court proceedings as quickly as possible.
Your property pool includes cash, houses, family businesses, trusts, superannuation, shares, furniture and motor vehicles – as well as debts and liabilities regardless of whose name they are registered in.
Once you have separated, it is important to keep a copy of all important financial documents such as tax returns, bank statements, superannuation statements and details of financial contributions you have made during your relationship. Bringing this paperwork with you to your consultation will assist us in providing personalised and specific legal advice to you during your consultation.
It is always preferable to resolve property settlements as soon as possible and litigation should be avoided unless the other party is refusing to co-operate, failing to disclose relevant information or continually refusing your reasonable offers for settlement. You may also consider urgent legal action to protect an asset registered in the other parties name and prevent it from being disposed of without your knowledge or consent.
Working out a fair division of your property pool can be quite complex, and is not as simple as “50/50”. Determining who gets what is highly dependent on your individual circumstances and there is no ‘one size fits all’ settlement, and any settlement you receive wil be different to that of some one else.
Unlike children’s matters, property agreements are final. There is no second bite of the cherry, so you must ensure you get your full entitlement.
Contact Us to determine your next steps
We are with you every step of the way, and once you decide to work with Lanham Lawyers we will keep you informed about what’s happening and what your options are at every stage. Contact us to make an appointment, and one of our solicitors will meet with you to discuss your matter and provide you with whatever additional information and/or assistance you require.