By law both parents are required to support their child financially. In some cases this may involve one parent paying a child support payment to the other, to help with the costs of raising a child.
Collaborative law is a specialised Family Law method used to assist parties going through separation reach an agreement regarding parenting and or property matters.
Whether you are in a de facto relationship is not always obvious, but it can be an important matter to determine when considering whether you have any property settlement entitlements if your relationship breaks down.
We have several Solicitors at Family Focus Legal approved to sit on the NSW Legal Aid Panel for Family Law and Criminal Law matters. We can assist clients in obtaining a Grant of Aid to participate in a Family Dispute Resolution Conference or perhaps to initiate or continue Court proceedings in the areas of Family Law and Criminal matters. We are currently unable to accept clients with current grants of Aid.
At the time of Divorce or separation children need support, love and contact with both parents. Some certainty about the future is also very important for everyone. Any agreement about arrangements for the time that a child or children spend with their parents or other significant people can be formalised in a Parenting Plan or Consent Orders.
Reliable proof of parentage can be especially important for legal reasons. The results of a paternity can be used in a court case to support any claims to the paternity of a child or perhaps to invalidate any previous paternity claims. Anything from getting child support to a paternity affidavit could necessitate a legal DNA test.
During a relationship, most couples acquire assets and build a financial base. After you separate, at some stage it will be necessary to divide your assets through a property settlement. It may be necessary to do this in a formal way, so as to sever your financial ties. These assets can include the family home, investment properties, interests in a business, shares, bank accounts and superannuation.
Generally, the Court cannot prevent a Parent relocating to live somewhere, however the Court does have the power to stop a parent from taking a child to live with them if that will be some distance from the other parent.
If you have superannuation then it may be important for you to know you can split some of that superannuation to your Partner as part of the property settlement and how that superannuation split will occur.