If you’re experiencing a relationship breakdown, you’ll likely need advice about property settlements and child custody. You may also need help with spousal maintenance.
A court can order a person to pay financial support to their former spouse if they cannot meet their reasonable expenses from their income or assets. However, a court is reluctant to make an order that exceeds what is good. For more information about the spousal support family lawyer Adelaide, click here.
Property settlements
When couples decide to separate or divorce, they must consider property settlements and other legal matters. These can be complex and emotional, but you should seek advice from family lawyers.
Property settlements deal with assets such as homes, cars, personal possessions, copyrights, and businesses. They are used to determine who owns what and how much each party is entitled to. They can also include an agreement on future needs, such as spousal maintenance payments.
Spousal maintenance is a court-ordered payment to support a former spouse or partner after separation or divorce. Unlike child support, this payment can be paid for a limited time until the recipient can financially support themselves.
Spousal maintenance payments can be determined in a property settlement or as a separate application. They can be for a fixed amount or based on a percentage of the parties’ incomes. The recipient may be able to modify the arrangement if their circumstances change.
Child custody
One of the significant issues parents must consider following separation is how they will co-parent their children. It will determine how often they spend time with their children and who will make legal decisions. It is known as child custody. For more information about the spousal support family lawyer Adelaide, click here.
Historically, judges have tended to award sole legal custody to the mother of a child and sole physical custody to the father. It is based on the traditional idea that men are breadwinners and women are primary caretakers. However, this is changing as more and more families have stay-at-home dads and both parents working outside the home.
Alimony
You must understand your rights, whether you are the recipient or the maintenance payer. Efficient, empathetic family lawyers can help you navigate the complex legal process of separation and divorce. They can also help you resolve disputes related to property settlements, parenting arrangements and child custody. They can also assist with the division of superannuation for married and de facto couples and same-sex couples.
Spousal support is a financial payment that may be ordered by the Court or agreed between the parties. It is intended to provide a reasonable standard of living for the spouse with less income or who has a reduced ability to earn a future income. The amount of spousal maintenance will be based on several factors, including the length of the marriage and the current income of each party. Generally, it ends upon the death of either spouse or the recipient’s remarriage. A court order can also terminate it. For more information about the spousal support family lawyer Adelaide, click here.
Interim spousal maintenance
When a couple separates, the Court can order your spouse to pay you monthly sums of money for your living costs until the financial details are worked out in the divorce proceedings. It is called Interim Spousal Maintenance (Maintenance Pending Outcome of Proceedings).
When seeking a temporary spousal maintenance order, the party in need must establish that they cannot support themselves from their income-earning capacity and financial resources. They must also demonstrate that the other party can provide them with financial assistance, irrespective of whether that person is currently employed.
The receiving party may be eligible for a lump sum or periodic spousal maintenance payment, and the amount awarded must be reasonable. The Court will consider the other parties’ income and financial resources, including assets, liabilities and superannuation entitlements. It will also consider any expenses that the other party has incurred, for example, legal fees, property settlement costs and income tax.