The Process Used To Calculate Spousal Support

In almost all divorces the matter of finances, and specifically spousal support, is bound to arise, and given that this will impact significantly on both spouses’ futures, the importance of having family lawyers represent for this them is clear. That applies whether they are the spouse who will be paying spousal support or the one who will be receiving it.

Applying for spousal support can be done by someone who is married and getting a divorce, or it can be done by someone who was in a de facto relationship. This means that they were not actually married to their ex-partner, however, within Australian family law, couples in a de facto relationship have many of the same rights and protections as those who are married.

There is no amount of time that has to pass until one of the spouses is entitled to receive spousal support. In other words, they have a right to apply for it, from the day that they separate. It is often the case that the partner who has the greater finances believes that they do not have to start paying spousal support until after they are divorced, but as their family lawyer will them, that is not true.

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What Happens When One Spouse Refuses To Leave The Matrimonial Home

If marriage or a de facto relationship breaks down to the point where the couple decides to separate, in the normal course of events one of them would move out. However, occasionally there is a situation where instead of moving out, one of the individuals refuses to and this is often when the other partner will seek the help of your divorce lawyers.

When they do so, they often assume that all they need to do is get some kind of court order or go to the police in order to have the person who refuses to leave thrown out of the home. However, as their divorce lawyer will tell them, it is not as simple as that, and Australian family law does not have clauses in it where one partner can throw the other out of the matrimonial home simply because they want rid of them.

This becomes even more complicated where the couple has children and the risk can be that whilst their two parents are having a battle of wills, the children are caught in the middle, confused, and no doubt anxious as they see their parents argue over this.

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5 Things to Remember When Applying For a Divorce

Divorces can be nasty, but they are becoming more and more common in the modern world. Using a decent family lawyer like Family lawyers Perth, can help streamline the divorce, but there’s a few things that you can do to make applying for a divorce as easy as possible.

In this article we’re going to look at five extremely important things that you should remember when applying for a divorce. They include:

  1. Try And Resolve Things Without Going Through The Courts

Whenever possible it’s a good idea to try and resolve your divorce without going through the courts. If you do have to go to court, you will end up spending a lot of money on legal fees, and you might not end up with a resolution that anyone’s happy with.

A decent family lawyer will be able to guide you through the divorce process. If possible, remaining on friendly terms with your soon to be ex should also make things easier.

  1. Consider Joint Accounts

Joint bank and credit card accounts can become problematic when you’re working through a divorce. If you’re considering applying for a divorce, then speak with your partner about any joint accounts that you’ve got.

It’s also worth speaking to an attorney or family lawyer if you’re not sure about the best course of action. They should be able to advise you and help you head down the right path.

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5 Things To Keep In Mind When Fighting For Child Custody

Child custody battles can become complicated, especially if both parents have a strong case. Often, these disputes end up in the courts, where a family lawyer will be invaluable to you.

They will be able to help you put together a strong case, maximising your chances of a positive outcome. However, there are also plenty of things that you should keep in mind when you’re fighting for child custody. You shouldn’t ever rely solely on your lawyer to get the job done.

Considering these five things will help you build the strongest case possible:

  1. Make sure you choose your lawyer carefully

It can be easy to fall into the trap of using the cheapest or most accessible lawyer. If you really want to achieve the best child custody outcome possible, it’s very important to make sure that you don’t do this.

Instead, you should choose your lawyer very carefully. Take things like their experience, their training, and their track record with child custody disputes into account. At the same time, make sure that they’re friendly and approachable.

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What Should I Do If I’m A Victim Of Domestic Violence?

Domestic violence is a massive issue that affects thousands of Australians every single year. As a victim of domestic violence, it can be hard to know what to do to move on with your life, especially if you have children with or are married to the person who has abused you.

Once you’ve dealt with the criminal side of things, it’s a good idea to speak with someone at a family lawyers firm to sort out things like child disputes and, if you’re married, a divorce. They will be able to help you put your affairs in order so that you can move on with your life quickly with minimum fuss.

Start by distancing yourself from your abuser

One of the biggest mistakes that people make as victims of domestic violence is that they remain in a relationship with, or at least in close contact with their abuser. This is a terrible idea, because it usually leads to ongoing abuse, and can reduce your confidence and compound what’s already a bad situation.

Ultimately, you should distance yourself from your abuser as soon as you possibly can.

  • If you were living with them, then you should move out and get your own place. If you can’t afford to get your own place immediately, then try and stay with a friend or a family member for a while.
  • Try and cut financial ties with them. If you were a stay at home parent relying on them to supply for the family, this can be difficult. But, it’s still worth doing.
  • Above all, don’t remain in a physical relationship with them.

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