Sydney Family Lawyers Answer Your FAQS
Dealing with the legal side of family disputes is not always your forte. There are a lot of technicalities when it comes to custody, assets, the legislation you’re bound by, and court hearings.
So, we’ve asked family lawyers Sydney in Sydney 7 FAQs, covering topics such as the Binding Financial Agreement, contact with relatives, and parental responsibility.
Q1: Why is there a different court system?
Sydney Family Lawyers: familial issues are taken up in a separate court, recognized as a court of Equity. The common law states these are courts concerned with ‘equitable matters’, or the ‘dividing up’ of things.
Q2: What kind of matters end up in these courts?
Sydney Family Lawyers: abduction of children, international relocation, allegations of child physical or sexual abuse, controlling domestic violence, and gender reassignment, are some of the issues that are to in this court system.
Q3: What do I need to know about binding financial agreements
Sydney Family Lawyers: the parties involved must settle and finalize the fin matters between them, before completing a divorce. These include rights to the other party’s estate, and insurance for disability and death.
Legislation sets out a procedure you can undertake for this, and remain protected called the ‘Pre-Nuptial Agreements’. You may even enter into this before you get married.
A ‘Binding Financial Agreement’ is an mutual agreement between the parties to clearly state and monitor their respective financial situations after the break up. This comes in handy particularly when there are fairly equal financial circumstances.
Situations where this agreement will be useful to you include but aren’t limited to…
Q4: Who can use a Binding Financial Agreement?
Sydney Family Lawyers: if you are a married couple, de facto couple, or considering a de facto relationship, you are entitled to this agreement.
Q5: Why have this agreement, can a court set it aside, and can it be overturned?
Sydney Family Lawyers: to address a few more questions that we get regarding the Binding Financial Agreement, you should get one if you’re looking for sure protection of your assets. A court may set it aside if fraud is involved on either side, or if the Agreement party has entered into the circumstances due to fraud, reckless disregard, and a set list of other reasons.
Q6: What about grandparent, siblings and other relatives?
Sydney Family Lawyers: in case you’re wondering, the law does recognize an in children having a continued relationship with grandparents following the separation of parents.
In fact, children have the legal right to keep up communications and time spent with grandparents, and other relatives that are significant in their lives. Grandparents may even take on the role of permanent carer for little ones.
The court system is generally wants to keep siblings together. When older and younger siblings are separated. This because:
- Relations with a sister or brother are beneficial to a child’s development
- Separating siblings may destroy their bond
- Of a goal to minimize the impact on the child from the breakdown of the family unit
As always, each case is looked at individually. When it comes to half-siblings, they, like other relatives, have the right to speak to and spend time with a given child.
Q7: What assumptions and assessments are required by the court when designating parental responsibility?
Sydney Family Lawyers: the court has a basic ideal that children should spend equal, if not a substantial amount of time with either parent. However the suitability of this will be decided after parents have had a mental health assessment.