Werribee’s veteran family law practitioner boasts more than 30 years of experience across an array of family law matters. Our dedicated Werribee divorce lawyer works closely with each client to understand their circumstances and offer expert advice and service. In general, separation requires 12 months (unless living under one roof requiring corroboration from third party ). Our Werribee divorce lawyer offers assistance in obtaining independent valuations of property assets as well as negotiating fair settlement agreements for them both.
Prenuptial Agreements
Prenuptial agreements may seem like something only wealthy couples need, but anyone can gain from one. Prenups set forth how assets will be distributed during marriage and upon divorce.
Contracts that stipulate terms for property division can also outline support agreements, depending on state law. They can set out duration, amount and type of alimony payments as well as how student loan debt and other financial obligations will be treated during a divorce proceeding.
Prenuptial agreements require full disclosure of assets prior to being signed. Otherwise, courts could find the contract invalid or unenforceable. Though discussing finances can be uncomfortable and awkward at times, discussing money head on is vitally important – it will reduce stress, confusion and financial uncertainty should the marriage dissolve in future.
Property Division
One of the most complex parts of any divorce involves property division. Couples can attempt to reach an agreement on their own, but if they cannot do so then a judge will divide assets and debts based on state residency – generally speaking assets are considered marital property until specifically designated as separate (such as an inheritance or purchased prior to marriage).
Once the court has identified all assets and debts existing at the date of separation, they will classify them either as community property or separate property. Any assets which increased in value during marriage tend to be considered community property unless traceable back to an individual contributor. Typically a judge will allocate a percentage of marital estate between both parties equally but this may not always be 50/50; they will consider any factors which appear equitable in making their decision about property distribution.
Child Custody
Child custody is an essential factor when divorcing parents are involved, determining where the children will reside and who is responsible for them. Usually one parent will receive sole physical custody while the other can enjoy visitation rights (unless there are legitimate grounds to restrict these).
Custody issues may be settled either through agreement between parents or in court after an administrative trial or hearing on the subject. Typically, judges try to keep siblings together and will award custody based on what is in their best interests.
If either parent has been abusive, a judge may deny them custody. Furthermore, custodial parents cannot move out of county/state without prior approval by both parents/court and/or custodial parent’s residing location(s). When making their decision the judge will also consider factors like quality of life for child in regards to living arrangements, school environment and extracurricular activities among others.
Financial Settlements
As soon as a couple divorce or separates, a financial settlement must be reached in order to decide how money, assets and property will be divided. Furthermore, this may also address who will assume debts and child support responsibilities.
Beginning from a 50/50 split, courts have discretion in determining what is fair for each case and take into account factors like circumstances of both parties, children’s needs and future earning potential among others.
Out-of-court settlements may be possible and a Financial Consent Order approved by the Family Court as legally binding is often the least costly, fastest and friendliest solution available to couples separating. Agreement must be reached prior to divorce proceedings being started or within 12 months after separation for de facto couples; legal advice should always be sought prior to making decisions on finances; you could also seek input from others via forums like Wikivorce; however this should never serve as the only source of support available.
