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During separation or divorce from your ex-partner, it is probable that you will need to distribute family assets such as the matrimonial home, superannuation, motor vehicles, investment properties, and furniture. We empathise with the emotional distress, pressure, and tedium that this procedure can entail. Therefore, our family lawyers make it a point to listen attentively, inquire thoughtfully, and clarify the process to our clients.
In New South Wales, when a marriage or de facto relationship ends, it is important to understand, in advance your entitlements and legal rights regarding property settlement, spousal maintenance, and child custody.
Property settlement refers to the division of assets and liabilities acquired during the course of the relationship. This includes assets such as the family home, investments, motor vehicles, superannuation, and furniture. In NSW, the Family Law Act of 1975 governs the property settlement process, and the Family Court and Federal Circuit Court oversee its implementation.
In terms of spousal maintenance, one party may be entitled to financial support from the other party if they are unable to support themselves adequately after separation. Factors considered when determining spousal maintenance include the age, health, earning capacity, and standard of living of each party.
Child custody and support are also significant issues that arise during a separation or divorce. In NSW, the welfare and best interests of the child are the primary consideration when determining custody arrangements. Parents may come to an agreement on their own, or a court may intervene to establish a parenting plan. Child support payments may also be ordered to ensure that the child’s financial needs are met.
In New South Wales, the Family Law Act of 1975 governs the property settlement process. Here are the steps that are taken to divide property in a settlement in NSW:
Identify the Assets and Liabilities
The first step in the property settlement process is to identify all of the assets and liabilities that are owned by each party. This includes the family home, investments, bank accounts, superannuation, and any debts. The duty of disclosure must be met by both parties.
Determine the Value of the Assets and Liabilities
Once all of the assets and liabilities have been identified, the next step is to determine the value of each asset and liability. This may require obtaining valuations for property or obtaining financial statements for investments or superannuation.
The contributions made by each party during the course of the relationship are considered when dividing property. This includes financial contributions, such as income earned and assets purchased, as well as non-financial contributions, such as caring for children or maintaining the family home.
Consider Future Needs
The future needs of each party are also taken into consideration when dividing property. This includes factors such as age, health, earning capacity, and financial resources.
Negotiate a Settlement Or Commence Court Proceedings
Once all of the relevant factors have been considered, the parties can negotiate a settlement agreement. This may involve direct negotiations between the parties, or the use of mediation or other dispute resolution processes. If the negotiation fails, you will need to commence court proceedings.
It is best to seek professional legal advice when going through the property settlement process in NSW. Our Property settlement lawyers can provide guidance on the legal process, represent your interests, and help you achieve a fair and reasonable outcome.
It is not uncommon for an ex-husband or an ex-wife to delay the property settlement process in NSW. Here are some reasons why this may occur and what can be done about it:
If your ex-husband or ex-wife is delaying the property settlement process, there are several steps that you can take:
Seek Legal Advice
It is important to seek legal advice as soon as possible if your ex-husband or ex-wife is delaying the property settlement process. A family lawyer can provide guidance on the legal process and help you understand your options.
Attempt to Negotiate
You may be able to resolve the delay by attempting to negotiate with your ex-husband. If you are unable to reach an agreement, you may need to consider alternative dispute resolution processes such as mediation.
Apply with the Court
If negotiations fail, you may need to file an application with the court. The court can make orders to resolve any disputes and can enforce these orders if necessary.
Our family lawyers empathise with the frustration and stress you may be experiencing at this moment. Therefore, we provide a complimentary consultation with one of our specialised family lawyers to everyone. This consultation can provide you with initial guidance, information and comfort.
Our family lawyer will attentively listen to your matter during the free consultation and ask questions to comprehend your circumstances better. They will also help address your initial inquiries and offer general advice on the steps to move forward.
If the police have charged you or a loved one, you must attend court. Appearing in court for a criminal charge is usually daunting. Let us help you make the process easier. Here are 10 reasons to choose our team of criminal lawyers from Lyons Law Group;
Result-focused criminal lawyers
Our team will work to achieve the best result for you in the shortest time possible. However, we do aim to provide quality over quantity service to you. Our criminal lawyers appear in all criminal and traffic matters, including trials, sentencing, bail applications, and apprehended violence orders. We are a result-focused firm of lawyers.
At Lyons Law, we do not make any unrealistic promises for results. You will be advised on the most realistic results achievable in your case, including acquittals of all charges against you. Nevertheless, you can be sure that our team will work extremely hard to achieve the best possible outcome for you.
Proven Track Record
Our experienced defence lawyers are passionate about representing their clients and achieving the best outcome. Lyons Law is a team of solicitors who are dedicated, and with our support staff, you can be confident of the highest quality of legal representation. We have an exceptional track record of results. We provide our outstanding client service at an affordable rate for our clients.
We always let our clients know how much their cases will cost from the beginning. This makes it easier for them to decide whether or not they want to proceed with the case. Not only do we offer fixed fees for many types of criminal cases and services, but also free first phone consultations. In addition, our firm offers fixed fees applicable to a wide range of Local Court cases such as drink driving, fraud, drug possession, assault, and AVOs.
Free First Conference
For all of those individuals who are going to court, we offer a free first 15-minute phone conference with one of our senior criminal defence lawyer. It is best you email our office all your relevant documents before a conference so criminal lawyers can provide the best advice within that time frame.
Highly experienced criminal defence lawyer
Lyons Law Group is a highly experienced team of criminal lawyers. Our team is led by Mohammad Khan, who is one of the best criminal lawyers in Sydney. He has represented clients in some of Australia’s most high-profile cases and was under the direct tutelage of Australia’s leading criminal lawyer Adam Houda.
Moreover, our team has worked and successfully represented clients on highly complex trials and sentences in NSW.
Work closely with Australia’s leading criminal law barrister
We work closely with some of Australia’s leading criminal law barristers. Barristers are usually instructed in more serious matters, and their experience and input can be invaluable to your case. The barristers we regularly instruct range from Queen’s counsels, Senior counsels and highly experienced junior-senior counsels.
Specialist for District and Supreme Court trials
Our team of sydney criminal lawyers have worked on numerous District and Supreme Court trials in NSW. We have worked on extremely complex criminal law trials that require impeccable preparation and understanding of the law.
Specialist for bail applications in NSW
Lyons Law Group is a highly experienced team of bail lawyers. We have regularly obtained bail for clients for extremely serious charges that carry life sentences. For types of charges, bail is usually denied by a Court.
In house Experts
Our criminal lawyers have in-house investigators with decades of law enforcement experience and assist our team with process service, background checks, integrity testing, investigations, surveillance, and bug detection.
For the preparation of jury trials and defended hearings, these services can be utilised on behalf of our client to achieve the best result.
Appearance at all Courts in NSW
From Broken Hill to Waverly, our criminal lawyers appear in all courts throughout New South Wales.