Family Law

Family Law

Family Law Property

Family Law property lawyer

When you’re going through a family law matter, we know that it is likely going to be one of the toughest times of your life. You’ll need the best family lawyer you can find. Our Sydney family lawyers know very well how separation can impact the family unit. Our family lawyers are passionate about family law and believe in finding pragmatic solutions. Wilding & Co Lawyers are family solicitors you can count on in your time of need.

Parenting (Child Custody)

Parenting matters which are often referred to as custody matters are usually very emotional and difficult ties for the family unit. Our family lawyers will help you navigate this difficult period so you can get back to focusing on you and your loved ones.

Family Law Property Division

Family Law Property matters are often complicated. Property matters can be finalized by Consent Orders, Binding Financial Agreement or by Court Orders.

Binding Financial Agreement

A Binding Financial Agreement (“BFA”) is often referred to as a postnuptial agreement. A BFA requires Full and Financial disclosure by both parties and is not required to be just and equitable as it is not registered with the court. There are many circumstances where a BFA is not appropriate and where circumstances change, they can easily be set aside. To discuss whether a BFA is appropriate for you, please contact our office to make an appointment.

Child Support

  • Once a child turns 18, child support legislation no longer applies, both in NSW and every other Australian state (there are exceptions under special circumstances).
  • Child support amounts can be adjusted if either parent submits a Change of Assessment application. This would be done if a parent’s circumstances allow for a change to the amount.
  • A parent may still need to pay child support even if they live overseas, but this process can be tricky if the parent isn’t an Australian resident. The Department of Human Services can organise child support payments from parents who reside overseas.
  • If a parent decides not to pay child support, it can be deducted from their salary and/or tax returns.
  • In most circumstances, parents will reach an agreement for payment of private school fees, but the Agency can make an order on payment of school fees.

Spousal Maintenance

There are two kinds of spousal maintenance applications, handled by either the Family Court or the Federal Circuit Court:

  • Spouse maintenance: Financial payments made by a party to a marriage to their former husband or wife under circumstances where a person isn’t able to satisfactorily support themselves.
  • De facto partner maintenance: Financial payments made by a party to a de facto relationship that has ended to their former de facto partner under circumstances where a person isn’t able to satisfactorily support themselves.

De facto relationships

The definition of a de facto relationship is in Section 4AA of the Family Law Act 1975. The law necessitates that an individual and their former partner, whether of the same or opposite gender, were in a relationship as a couple living under the same roof on a genuine domestic basis. But the relationship is not defined as a de facto one if the couple was married, or if there is a family relation.

Child Relocation

Moving away

If you move with your child, or children, to a separate town, state or country, it is referred to as relocation. If moving is going to restrict the time your child, or children are able to spend with a parent or guardian then a court may not allow relocation.

Coming to an agreement on the relocation

You may manage to come to an agreement for the child or children to be under the care of the other parent for more extended periods of time like school holidays, for example. It’s possible that your former partner could move to the place of relocation. Attending Dispute resolution may help you come to an agreement regarding the relocation.

We offer fixed fee billing for many types of family law matters. Click here to view our fixed fee offers for affordable family lawyers Sydney.

Do you need assistance from a family law firm? Contact Wilding & Co Lawyers, who are family law solicitors, based in Balmain and the Sydney CBD, for assistance on 02 9701 0042.

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