Lawyers in North Sydney and any other area are qualified to handle family law matters and other legal matters. These lawyers understand that legal proceedings are stressful and difficult to deal with. Moreover, there are a lot of legal procedures, court documents, and other matters that will require legal services. Here are some family law matters and other legal matters that lawyers typically handle:
- Divorce and separation for married couples and couples in a de facto relationship. People who are in a de facto relationship live together on a domestic basis but are not married.
- Parenting matters
- Property settlement
- Family violence and lodging apprehended violence orders (AVO) or apprehended domestic violence orders (ADVO)
- Binding financial agreements
- Wills and estate planning
- Conveyancing
- Commercial and corporate law
- Civil disputes and litigation
- Criminal and traffic law
- Land and environment law
- Employment law
While most of these matters may end up in court proceedings, courts will naturally urge parties to resolve them out-of-court. Why? Courts will usually intervene as a last resort since there are alternative dispute resolution methods like mediation and arbitration.
These methods provide results that are legally binding for concerned parties. Read on to know how lawyers in North Sydney can help in family law matters and other legal matters.
Why Do People Use Mediation and Arbitration?
Mediation and arbitration are some of the widely-used alternative dispute resolution methods in family law matters. Mediation generally includes a third-party person (mediator) who aids in the mediation process. The mediator only gives suggestions and helps disputed parties formulate their own resolution. On the other hand, arbitration is for more serious legal matters that require a binding decision from an arbitrator.
Whatever the family law case is, a lot of people often use these alternative dispute resolution methods since they won’t involve lengthy and costly court procedures. All results from mediation and arbitration are also legally binding and are enforced in the civil or supreme court. Lawyers in North Sydney and any other state are capable of acting as a mediator and an arbitrator.
Agreements and Disagreements in Family Law Matters
No one knows the outcome of a family law case since each party involved in legal matters has different circumstances. These circumstances affect the outcome of the case like parties disagreeing or agreeing in family law matters. If parties do agree on their legal matters, they may draft legally binding agreements. Some of these commonly used legally binding agreements are set out below.
1. Binding financial agreements
A binding financial agreement is basically an out-of-court agreement that outline a couple’s asset and financial division. This agreement prevents financial disputes should a couple have a relationship breakdown that can lead to separation or divorce. A binding financial agreement can also help speed up property settlement procedures which is the legal process of dividing a divorced couple’s:
- Liabilities
- Assets; and
- Properties
Family lawyers in North Sydney can help out separating or divorcing couples draft these two types of orders when necessary. These lawyers can help couples divide their assets and finances properly even if there is no binding financial agreement in force. They can ensure that each party’s future needs are considered along with proper negotiation if family law disputes arise.
2. Parenting Plans
Parenting plans are also out-of-court agreements that set out parenting arrangements for children of divorced or separated couples. Separation and divorce involve a lot of disputes, especially if there are children involved. However, disputed couples may avoid lengthy court procedures if they draft parenting plans.
It is important to know the child’s best interests when making parenting plans. Family lawyers in North Sydney can also ensure that each arrangement in parenting plans adheres to the child’s best interests. They’ll ensure that children from a divorced family still meet their basic needs and rights such as:
- The two primary considerations of the child’s best interests. Firstly, substantial and significant time with each parent and other significant people in their lives. Secondly, the right to have protection from violence, abuse, and neglect. Section 60CC of the Family Law Act 1975 outlines more information about the child’s best interests.
- Housing
- Food
- Clothing
- School Fees
- Medical arrangements
- Living arrangements. Lawyers in North Sydney will ensure that the living arrangement won’t affect the child’s time with the other parent.
- Countermeasures if emergencies will arise within the parenting plan or if there are significant changes to the child or each parent’s circumstance.
Family Lawyers North Sydney: Consent Orders
If parties are successful in drafting their binding financial agreement and/or parenting plans, they may draft consent orders. Consent orders typically lay out the agreements of both parties for court approval.
Once approved, the court will turn the consent orders into formal orders. Here are some common court considerations when approving a binding financial agreement and a parenting plan in consent orders.
If courts are not satisfied with these considerations, they may urge parties to undergo mediation or arbitration. The courts will only declare court proceedings if disputed parties fail to reach an amicable agreement during alternative dispute resolution methods. However, courts may still declare court proceedings for complex family law matters and extreme cases.
Courts’ Considerations
Binding financial agreements | Parenting plans |
1. Both couples must meet their basic needs in the binding financial agreement. If one party fails to meet a reasonable standard of living, the higher-earning party should provide spousal maintenance. 2. Each couple must have a future capacity to earn an income 3. Binding financial agreements should include all of the couple’s assets, finances and properties such as: a. Chattels b. Other properties c. Businesses d. Finances e. Vehicles f. Shares g. Furniture and valuables h. Loans i. Mortgages j. Debts k. Inheritances 4. Any children in the relationship or out of the relationship who may need financial assistance. Children under 18 receive child support while children over 18 receive child maintenance. 5. Any financial and non-financial contributions in the relationship. 6. If a party or both parties were previously married | 1. Parenting plans must always meet the child’s best interests 2. Any children in the relationship or out of the relationship who may need child care. 3. If the living arrangement will make it hard for the other parent to see their child. 4. Allocation of parental responsibility. Parental responsibility enables a person to make decisions for his/her child’s long-term issues such as: a. Name changes b. School arrangements c. Medical arrangements d. Living arrangements e. Religious beliefs Courts will usually allocate sole parental responsibility to one parent if the other parent is abusive and violent. If not, courts will grant equal shared parental responsibility. 5. If it’s necessary for children to spend time with each partner’s family members and relatives. 6. Communication method of the child with each parent and how long will they communicate. 7. A comprehensive schedule of child changeovers 8. Provisions in case a parent or both parents fail to meet the terms and conditions of the parenting plan. 9. If both parents are capable of child care |
Family Lawyers North Sydney: Wills and Estate Planning
Lawyers in North Sydney can also help with legal matters under Wills and estate planning. Wills typically set out a deceased’s last wishes and intentions for his/her beneficiaries before passing away. Indeed, Wills are legally binding documents, however, they are always susceptible to Will contests and challenges. People contest a Will if they believe they should receive more inheritance than what is stated in the Will.
On the other hand, people challenge a Will if they believe that the Will is invalid. Another common reason for Will challenges is if the Will-maker did not have the testamentary capacity to write his/her Will. That’s why it’s important for Will-makers to seek legal advice about Wills and estate planning to prevent further family disputes.
Where Else Can Lawyers Help With?
Aside from family law matters, lawyers in North Sydney can also help with other legal matters. Some of the clients that lawyers have may have legal issues arising from buying/selling a house, or business disputes. Other common issues outside family law matters may also include legal issues such as:
- Employment and business law
- Criminal law
- Traffic violations
- Environmental planning and protection
- Commercial law and corporate law. Usually, commercial and corporate law will require civil or commercial litigation.
All these legal matters will usually require civil litigation if parties cannot negotiate their dispute. Civil litigation and court-based legal disputes fall under the common law system but have no relation to criminal liability. Parties involved in civil litigation usually seek monetary compensation for damages incurred or if specific services were not carried out properly.
The Importance of Seeking Legal Advice From a Family lawyer
Family law matters may get out of hand if a person involved in the proceedings refuses to seek legal advice. As mentioned, courts will only proceed with a court hearing as a last resort. Hence, people involved in family law matters should first seek alternative dispute resolution methods.
JB Solicitors has a team of family lawyers near North Sydney that offer a cost-effective resolution like mediation and arbitration. Should legal matters arise, we can also provide legal representation for our clients in court. Our nearest office near North Sydney is located at our Sydney CBD Office, Level 20, 233 Castlereagh St, Sydney NSW. We have fixed fees for our legal practice and services.
Message our legal firm today for your family law matters and other legal matters.