Divorce cases can be very stressful for the parties involved. Divorces are not only costly, but they also include lengthy court processes. It's usually advisable to go through a divorce with the assistance of a family lawyer. Here are some of the ways a lawyer will help you with your divorce.
Division of Property and Child Custody
One of the most pertinent issues in divorce cases is the division of property. If one of the spouses has more wealth than the other, the courts may apply specific rules to ensure the property is divided equally. In situations where there's a prenuptial agreement, there's no telling who the court's ruling will favour. To get a favourable ruling, it's good to have a divorce attorney by your side.
Another common issue in divorce proceedings is child custody. Australia's Family Law Amendment Act insists on the need for both parents to participate in their child's upbringing. Sometimes the court may grant joint custody or custody to one party and visitation rights to the other. During child custody rulings, the court will base its decision on what is in the child's best interest. A divorce lawyer will help prove to the court why joint custody or sole custody is in the child's best interest.
Child Support and Spousal Maintenance
The Child Support Agency is a branch of Australia's government involved with enforcing Child Support Acts. The agency's role is to assess the amount of child support payable by considering the parents' income, the number of dependent children, and care arrangements. In some cases, the CSA also receives and issues the child support payments. Hiring a lawyer will ensure you submit all the necessary documents and provide a strong argument that will favour you during child support rulings.
Spousal maintenance is the payment given by a party to a marriage to their ex-spouse so they can sufficiently support themselves. This support is limited to a set time frame. The primary consideration when determining spousal maintenance is the payee's ability to satisfy their own financial needs and the payer's financial status. The court will grant spousal maintenance when there's a large discrepancy between the incomes of both parties. An attorney can help build a strong case to prove your need for spousal maintenance for a reasonable period.
Divorce cases are usually complicated and lengthy. It's advisable to hire a lawyer to help you through divorce proceedings. Apart from helping you gather documents and information that will help your case, your lawyer will also argue your case based on their knowledge of family law.