Protecting Your Child’s Inheritance: What Can You Do?

 

Parents who do advanced Estate Planning for their children are on the right track. Doing so ensures that you protect your hard-earned assets, giving you the assurance that these various assets will stay in the family and be passed on properly to your rightful heirs.

It can become tricky if you don’t have the proper documents. For example, if your child doesn’t have a Prenuptial Agreement and faces a divorce, your properties may end up with an in-law you don’t even like. For this reason, you must consider seeking a lawyer’s help to protect your kids’ inheritance from any unforeseen or unfortunate circumstances. Fortunately, you will find many ways to secure your children’s inheritance, allowing future generations to also enjoy the fruits of your labour. 

 

Create a Trust for Your Children

A trust typically involves three parties, you (the person creating the trust, also known as the grantor or trust maker), the person holding the trust property for the benefit of the children (known as the trustee), and your kids, also known as beneficiaries. 

For best results, hire reputable Property Lawyers who can help you setup a ‘lifetime trust’ that lasts for the lifetime of the beneficiaries and immediately gets passed on to the next generation upon their death. You must also ensure your chosen trustee is independent and trustworthy. Assets in this kind of trust are protected against co-mingling in marriage. As such, any future spouse cannot go after the said property. On top of that, it dramatically reduces estate taxes. 

Suggest a Prenup Before Marriage

You can establish a Prenuptial Agreement for your children to prevent their future spouse from staking a claim in your assets. This document, executed by experienced Property Lawyers, will be an agreement between your child and their spouse-to-be, itemizing assets owned before marriage. Hence, in case of a divorce, only properties earned jointly upon marriage will be included in the division of assets. To ensure that they will strictly enforce this document even after your death, you must seek legal advice when drafting this agreement. 

Other Excellent Planning Suggestions

Apart from using actual legal tools, you must let your immediate family know your wishes. When your children have matured and reached the right age, you must have a discussion about your estate with them. Declare your intentions and explanations as to why you set things up a certain way. This could mitigate potentially hurt feelings when your assets are eventually divided upon your demise. After all, you are doing everything you can to protect your children, so you need to convey that to them. Speaking about things ahead will allow you to deal with potential conflict while you can still address them verbally and in a sound state of mind. 

Seek Expert Advice from the Best Lawyers

Suppose you want to make sure your estate gets distributed properly among all your descendants. In that case, you need Estate Planning to ensure your desires are carried out accordingly even after your passing. Thus, it is vital to speak with an expert team like Platinum Lawyers. Our team will sit down with you and help you create a plan that meets your objectives. We can also help you update an old, existing estate plan to protect your assets. To book a consultation, call us at (02) 8084 2764

Can A Mother Take Her Child Abroad Without The Father’s Consent

 

If you want to take your kids overseas without the father’s consent, you should know how the law works. This is especially important if you are separated or getting a divorce. There are laws in place to protect children from being taken out of the country by one parent without the other parent’s permission.

Even if you are on vacation, you should ensure that taking your kids overseas without your partner’s or ex-partner’s permission won’t get you in trouble with the law.

Why Do I Need Consent From My Partner?

In recent years, there have been several high-profile cases where one parent took a child out of Australia and to another country. For example, the Australian Missing Persons Register says that more than 150 children are handled by a parent every year, and many are never found.

There are many reasons why children can be taken out of the country. Sometimes it’s because of domestic violence. Sometimes, it’s because of a custody battle; sometimes, a parent wants to move with their kids but doesn’t want to go through the legal steps to do so.

What Does The Law Say About Sending Kids To Another Country?

Even though there has yet to be a law that makes it illegal, many rules make it hard for parents to take their kids overseas without the other parent’s permission.

If one parent takes a child without the other parent’s permission, the other parent can ask the court for a recovery order. For example, a recovery order is a document from the court that says one parent has to give back a child or children. If you get a recovery order, it’s essential to follow the rules because you could face more legal trouble if you don’t.

Can My Partner Stop Me From Taking The Kids To A Different Country?

If your partner is worried that you might sneak the kids out of the country without their permission, they can put your kids’ names on an airport watch list.

The AFP maintains the airport watch list and requires airports in Australia to retain it. However, if a parent with a child on the airport watch list tries to take that child out of the country, the child will not be allowed to leave.

This applies to both parents, so if your partner wants your children to be on the list, they will be able to leave the country once the court order is lifted (which can only be done by the AFP). Your partner can also ask to be put on an airport watch list and a list of people who can’t leave Australia. This official court order says you can’t take the kids on order out of the country.

What If My Partner Doesn’t Want To Let Me?

If your partner doesn’t let you take your kids outside of Australia, you can ask the Federal Circuit Court in Australia for permission.

You will have to sign an affidavit and tell them where you are going, your plans, if you have any ties to the country you are going to, and anything else necessary. You may also have to pay a certain amount as a deposit, which will be returned to you when you leave.

Can I Get My Child A Passport?

Both of the child’s parents must sign the application for a child’s passport. This is usually the name of the parent listed on the child’s birth certificate. Still, it can also be grandparents or other relatives who may have parental responsibility or welfare organisations that have taken care of the child.

If parents or someone with parental responsibility signs the passport, it will be issued. But you can ask the Department of Foreign Affairs and Trade to make an exception and let you get a passport without the signatures of both parents.

Even though it is easier to take your kids abroad with your partner’s permission, it is sometimes possible.

The law protects children and families from illegal child abduction, so you should talk to a lawyer if you want to take your kids out of the country against your partner’s wishes.

So, to sum up, have fun planning for the holidays, but watch out for the things above, and if you need more time, talk to the other parent to avoid problems.

Platinum Lawyers is a law firm with offices in both Sydney and Parramatta. If you want to meet with a family lawyer, call us at (02) 8084 2764.

Will Your Super Be Split During a Divorce or Separation?

 

The Superannuation Splitting Laws allow couples to divide their superannuation in the event of a divorce or separation. Under the law, one partner may split the funds remaining in the superannuation fund to make a payment to the other party’s fund after the separation.

Notably, under the Family Law Act superannuation is considered to be akin to property. However, it is different from other physical assets as it is held in trust. Therefore, it is not converted to cash, and the funds still fall under the superannuation laws and the usual conditions for its release. Thus, you need a Divorce Lawyer to help guide you when it comes to Superannuation and Divorce, to protect your best interests.

Find Out What You’re Entitled to When It Comes to A Superannuation Split

Under the Family Law Act, you may be entitled to a superannuation split or legally required to split the fund if you were married or in a de facto relationship but have now separated. In the latter, the person seeking superannuation orders must be in an actual relationship for at least 2 years. However, if there is a child, the 2-year rule no longer applies, so the party can seek superannuation orders even if the separation is before the 2-year mark. Consult a Family Lawyer in Sydney to assist you in the process.

How Much of Your Superannuation Will You Have to Pay? Or How Much of Your Ex-Partner’s Superannuation Will You Be Entitled to Receive?

In a long relationship where both parties had no substantial superannuation at the start of their relationship, the split is calculated equally. The superannuation and divorce proceedings will compute both parties’ superannuation interests and divide them by two. Once split, the other half will go to the other party’s fund of choice.

However, this kind of even split is not always the case. If you are undergoing this process, you can make an agreement with your former partner. Alternatively, you can seek the assistance of a Divorce Lawyer to negotiate the superannuation split that fits your needs. For example, you can ask for more cash assets to buy a new home while the other party can keep the super because the age is closer to retirement.

You can make deviations in the property settlement based on your needs and preferences so speak to a Family Lawyer in Sydney for guidance. The Family Courts have a broad range of discretionary measures in determining an equitable division of superannuation interests. If you go through the court to settle the dispute, they follow a four-step process for determining each parties’ superannuation entitlement:
Value of the superannuation
Assessment of each individual’s financial and non-financial contributions to the fund’s purchase, conservation, and growth.
Consider factors under the Family Law Act, including but not limited to:
Age of each party
State of each party
Income earning capability of each party
If there are children and who has custody
Other existing financial obligations of each party
Ensure the final settlement is just and fair after evaluating each party’s unique circumstances.

How Soon After Separation Can You Make a Superannuation Claim?

If you were married, you ought to apply for superannuation orders in court within 12 months of your divorce order. However, you can make a claim any time after the separation if you still have not obtained this order.

If you are in a de facto relationship, apply for the superannuation court orders within 2 years of your separation from your partner.

If you exceed the suggested period, the Court may grant leave to the other party if they establish financial difficulties. Therefore, be aware of these limits so you can claim what is rightfully yours.

Where Can You Find Information About the Value of Your Superannuation Fund?

If you are the party concerned or an eligible person, you can request the fund value information from the superannuation fund’s trustee. A person can be considered eligible to seek further information regarding the superannuation must be:

  • The member
  • The spouse or partner of the member
  • Their legal representative
  • Another individual who plans to have a superannuation agreement with the member

So, the eligible person can gain access to the information about the superannuation interest, he or she must first declare the following information to either: acquire data to negotiate the agreement or seek assistance related to a family law hearing based on the superannuation. The eligible person must also give the full name and birth date of the member.

Defined Benefit Fund Versus Self-Managed Fund

A preset formula in the trust deed is unique to the Defined Benefit Fund. It accounts for the member’s employment period and salary at retirement. Since these are complex, and a forensic accountant is needed to determine the value. Meanwhile, self-managed funds are private funds managed by the members themselves. Usually, they seek the insight of an accountant or lawyer. Since the parties do it all themselves, the fund value can be ascertained by adding the value of the assets in the fund. For best results, an accountant’s input will be helpful.

How to Formalise a Superannuation Agreement?

After agreeing to the split, you can formalise the details in a Financial Agreement or utilise the Court for Consent Orders. Once the latter is approved, this agreement is legally binding and enforceable. You can also make a binding financial agreement when both parties seek legal advice before signing the final documents. Then, to affect the Superannuation Split, inform the fund’s trustee regarding the splitting orders.

FAQ: How Platinum Lawyers Can Help with Superannuation and Divorce

Q: Why do I need a Divorce Lawyer for Superannuation-related matters?

A: Superannuation is considered akin to Property Under the Family Law Act, and its division during divorce involves complexities. Platinum Lawyers, with expertise in family law, can guide you to protect your best interests during this process.

Q: What is the significance of superannuation in divorce or separation?

A: Superannuation is treated as property, and laws allow its division after divorce or separation. Platinum Lawyers can assist in understanding your entitlements and navigating the legal aspects of superannuation splitting.

Q: How can Platinum Lawyers assist in determining entitlements and obligations related to superannuation after separation?

A: Platinum Lawyers can provide insights into your entitlements and obligations under the Family Law Act, offering guidance on superannuation splitting based on the unique circumstances of your case.

Q: Can superannuation be split equally in all cases?

A: In long relationships where both parties had minimal superannuation at the relationship’s start, a 50-50 split is common. However, deviations can be negotiated based on individual needs. Platinum Lawyers can assist in negotiating a split that aligns with your preferences.

Q: What factors does the Family Court consider in determining superannuation entitlements?

A: The Family Court considers factors such as the value of superannuation, financial contributions, non-financial contributions, age, state, income, child custody, and other financial obligations. Platinum Lawyers can guide you through the court process.

Q: How soon after separation can a superannuation claim be made?

A: For married couples, a superannuation claim should be made within 12 months of divorce. For de facto relationships, the claim period is 2 years from separation. Platinum Lawyers can advise on timely claims.

Q: Where can I find information about the value of my superannuation fund?

A: The fund’s trustee can provide information. Platinum Lawyers can assist eligible individuals (members, spouses, legal representatives) in obtaining relevant superannuation fund details.

Q: What is the difference between a Defined Benefit Fund and a Self-Managed Fund?

A: Defined Benefit Funds have a preset formula for valuation, requiring forensic accountants. Self-Managed Funds involve valuing assets. Platinum Lawyers can provide guidance based on the type of fund.

Q: How can a superannuation agreement be formalised?

A: After reaching an agreement, Platinum Lawyers can assist in formalising details through a Financial Agreement or Consent Orders in Court. These legally binding documents ensure an enforceable superannuation split.

Q: What if an agreement cannot be reached with an ex-partner?

A: In cases of disagreement, Platinum Lawyers can guide you through the process of applying for a court order. Seeking legal advice is crucial in such situations.

If you cannot reach an agreement with your ex-partner, you must apply for a court order. In addition, you can seek the advice of our team at Platinum Lawyers Australia. We advise clients on all matters of divorce and separation, including superannuation issues, property distribution and divorce settlements.

CALL (02) 8084 2764

Need a Divorce Lawyer in Sydney, but not sure where to start?

 

Facing the heart-wrenching decision of divorce can be a daunting and emotionally charged experience. The complexity of where to begin often leaves individuals overwhelmed and uncertain. During these trying times, Platinum Lawyers serves as your unwavering guide, providing a comprehensive step-by-step roadmap for initiating the divorce process while addressing the most pressing questions that may haunt you. This journey is life-altering, but with the right guidance, you can navigate it successfully.

Legal Help: When Should I Consult an Attorney?

Question: When is the right time to seek legal assistance for my divorce?

Initiating the divorce process demands a crucial initial step: reaching out to an experienced Divorce Lawyer. This decision carries even greater weight when children are involved, as an attorney becomes your unwavering advocate, safeguarding not only your rights but also the well-being of your children. For those teetering on the precipice of divorce-related uncertainty, an attorney can illuminate alternative pathways that might have remained concealed. Platinum Lawyers stands as your beacon of expertise, specialising in divorce, custody matters, and Family Law. We guarantee the right support during these turbulent times, ensuring your rights and interests are protected every step of the way.

2. Mediation and Negotiation: Can We Resolve Our Differences Amicably?

Question: Can mediation pave the way for a smoother divorce process?

In the intricate journey of separation or divorce, couples often find solace in mediation—a powerful tool for conflict resolution. Mediation introduces a neutral third-party mediator, devoid of the legal authority wielded by a judge, into the equation. These skilled mediators facilitate discussions between both parties in a neutral setting, with the overarching aim of fostering mutual agreements concerning the dissolution of marriage. From dividing property and assets to deciding child custody arrangements, mediation serves as a forum to amicably resolve disputes and arrive at mutually acceptable agreements.

3. Litigation: When Agreement Proves Elusive?

Question: What if mediation fails, leaving us at an impasse?

For couples unable to reach accord through mediation, the next phase may necessitate the initiation of a legal battle, commonly known as litigation. Here, the assistance of a seasoned Sydney Lawyer becomes indispensable. While some may contemplate navigating this legal labyrinth independently, it’s imperative to recognise the intricate nuances at play. Precise and timely completion of requisite legal forms becomes paramount to evade delays or the need for costly re-filing.

4. The Litigation Process: What Lies Ahead?

Question: What should I anticipate during the litigation process?

Depending on your jurisdiction, you may be required to commence either a “dissolution” or a petition for divorce. Serving a summons upon your former spouse initiates the proceedings, accompanied by your submission of affidavits detailing your assets, liabilities, and possessions. Subsequently, your ex-spouse must respond with their own financial affidavits. Irrespective of your ex-partner’s stance, you can proceed toward the attainment of a divorce.

5. Resolution: Finalising the Divorce

Question: What follows once lawsuits are filed or an agreement is struck?

Upon the filing of lawsuits or the amicable agreement between you and your spouse, the final say rests with a judge. The judge scrutinizes all agreements and evidence to ensure the equitable distribution of support obligations and marital property. In most instances, should a reasonable agreement be in place, the judge ratifies it. A verdict is then rendered, officially dissolving the marriage and issuing a divorce decree. Both parties receive copies of this decree, instrumental in disentangling creditor obligations and formalising any name change requests.

Conclusion: Navigating the Complex Terrain of Divorce

Question: How can I successfully navigate the divorce process?

When love wanes, relationships deteriorate, and a marriage becomes untenable, divorce often emerges as the only viable path forward. In such moments of uncertainty, a Sydney attorney emerges as your steadfast ally, fiercely guarding your interests throughout the legal proceedings. Divorce is a convoluted journey fraught with emotional turbulence, but the legal support of a Sydney attorney provides the grounding required during this tumultuous chapter.

Platinum Lawyers specialises in divorce, custody matters, and family law, always prioritising your best interests. To initiate a conversation with a Sydney attorney, please dial the number below. With a single call to Platinum Lawyers, you can commence your journey towards peace of mind. Our seasoned team excels both inside and outside the courtroom, delivering the empathy and expertise requisite for navigating this challenging period.

 

Dealing with Divorce in Sydney

 

The decision to get divorced is never an easy one. It takes time, stress, fights and lots and lots of tears. One of the most heart wrenching parts of a divorce is thinking about the children involved. Their worlds will change, and their hearts may be broken because of the separation that is about to occur. Regardless of how you are feeling, as a parent, it is your responsibility to ensure that, in the end, your child or children will be okay. Avoiding divorce in the first place may bring them joy, however, if the marriage is at a place where it becomes unhealthy for both parties involved, your children may be happier with you being apart. They won’t have to cover their ears tightly due to all the screaming, they won’t have to sit through tension at the dining table, and they’ll be able to enjoy parents who rather than arguing together all day, are happier and funnier apart.

Explaining things helps.

Your children may not know that you are headed towards Divorce Lawyer. However, they are aware that something is wrong. They are not deaf to the screaming or blind to the frowning faces. It is important that both parents take the time out of being at each other’s throats to explain things to the children.

Apart of explaining involves letting them know that they are not the reason that you are getting divorce. Children will often blame them, and this is something you do not want to affect your child, not in the short term or the long term. Be honest with them and allow them to understand that you and your partner cannot come to terms on important things, and have decided to part so that they are able to grow in a healthier environment.

Fill them in on why you are separated. For older children, they may want to know what the cause of the divorce is. Honesty is important and will give them closure. This doesn’t mean that you have to go into details. Use your judgment and determine whether or not you think your child would be okay hearing what the root of the problem is. If you don’t think it would be appropriate to tell them, then explain this to them.

Let them know that you love them and that you will never stop loving them. Remind them of this, each and every day. At times, in all the stress of divorce, people tend to forget the most delicate souls, the children. Make it a point to take a second out of each day to say the words, ‘I love you.’

Don’t let them choose. It’s difficult for children coming to terms with the fact that one of their parents won’t be living in their home anymore. Ultimately, the court will decide which parent gets custody of the child or children. Putting your children in a situation where they have to weigh their love and affection, spare feelings and decide on which parent they want to live with, should not be a burden that they have to bare.

Don’t allow them to feel as though a divorce means that they have lost one parent. Once the decision is made as to who the child or children will be living with, allow them to understand that the other parent will be present in their lives and will always be there for them no matter what.

If you are going through a divorce and in need of legal assistance and support, contact Platinum Lawyers. They have lawyers who specialize in the many areas of law, including family law. For more details (02) 8084 2764

Where There Is A Will, There Is A Way

 

Most people are by and large aware of the fact that they should prepare a will in their lifetime. People also tend to change their will if they already have one drafted, if their situation requires them to. While preparing a will is seen as a pessimistic act, it is very important for you to draft one. As this is the only way, you will have a guaranteed distribution of your belongings and assets, as per your intentions.

In the absence of a will, your assets will be distributed in a predetermined way, one which may not align with the intentions of the deceased.

It is not uncommon for people to challenge a will, in the hope that it will be disqualified for court use and that the assets will fall as per the hierarchy which is predetermined. Although, with a properly drafted will, chances of it being challenged are almost close to none. Even if it is challenged, it is of no use and the will usually stand valid.

A good law firm can help you provide lawyers that specialise in Wills Probates. These lawyers have a sound knowledge of how Wills work in court and how to draft them. They do so in a way that the will is almost unchallenged and it also fulfils your requirements.

Wills Probate

What exactly is a Wills Probate? It is the process that validates a Will as approved by the Court to be the full and final Will of the deceased. The second important part of a probate is granting the executor title to the person named in the Will of the deceased. The executor is then responsible for the assets of the deceased and has to act accordingly to pay any debts that he had left, any other expenses, and afterwards distributing the rest of the assets as per the instructions in the Will.

Any good lawyer who specialises in Wills Probates will have a proper understanding of the laws that are applicable when applying for a probate. They are also sensitive towards the client’s situation and respect their expectations.

In case someone dies without leaving a will behind for the distribution of assets, experienced lawyers can also help you in that situation. In such circumstances, a Letter of Administration is required from Court. In this case, the distribution of assets follows a natural plan which enlists Spouse (if alive), Next of Kin and the Government, prioritising spouse first and the government as last.

If you are looking for a lawyer that can help you draft the perfect Will that abides by the rules and laws, help you get a grant of Probate at the earliest possible or help you out in any other matter related to the deceased’s assets, Platinum Lawyers is the way to go. We are a top firm in Sydney and have expert lawyers to deal with your case. Call us at (02) 8084 2764

Why Planning Wills for Blended Families Is Difficult?

 

It is harder for many people to make Wills because of their family structures. Those having blended families involving step children are usually hesitant about estate planning or making a Will as they worry that the process will be even more complicated and stressful than usual.

Planning a will for Blended Families

People re-marrying and having blended families is pretty common but one should not forget the importance of Creating a Will so your assets are distributed without any dispute amongst your loved ones and dependents after you die.

It is quite natural for people to want to ensure that their spouse is provided for after they leave the world, but they also want to provide for their children’s needs in the longer term, especially if their children aren’t yet grown up.

Messy? Stressful? It is!

But nowhere close to the consequences of not having a will drafted!

And what about those Do-it -yourself kits?

Without proper legal advice and the experience and knowledge the family lawyers at Platinum Lawyers have, the will you create with one of those do-it-yourself kits might not be legally enforceable and/or legally binding.
Leave your Estate Planning in the safe hands of experienced lawyers who are able to draft a will tailored to your individual needs and wishes. This would alleviate unnecessary stress and opportunity for a will to be contested and it has been drafted by a professional legal representative.
Speak to one of our family lawyers today if you want advice on drafting a will. Don’t put it off as you never know when you will need it. Our friendly family lawyers can also give you advice on Enduring Power of Attorney and Enduring Guardianship which are other essential documents clients will have us draft when drafting a Will. At Platinum Lawyers, we can offer a competitive fixed fee for all 3 documents as a package.
Also remember that it is very important to update your estate planning documents on a regular basis and especially if there is a significant change in your circumstances. There is no point having a Will that was drafted 10 years ago and doesn’t apply to your current situation.

If you have any further queries regarding estate planning, wills, property management, conveyancing etc, please feel free to contact Platinum Lawyers in Sydney and Parramatta for assistance. Call us at (02) 8084 2764

Key Differences Between Family Lawyers And Criminal Lawyers In Sydney

 

Law is a very broad field with different areas having different experts. Family lawyers are quite distinct from criminal lawyers. Even so, in some instances they might overlap. You might find yourself in a situation where you cannot decide which lawyer you might need to hire, for example, in the case of divorce especially if domestic violence is involved.

This article examines key differences between family lawyers and criminal lawyers in Sydney. Platinum Lawyers Sydney is a firm that has expert lawyers from both fields – among other legal areas. You can contact us for any queries or confusion and our team will gladly assist you in giving advice about your particular case.

Family Lawyers in Sydney

Family lawyers deal with problems like divorce, separation, child custody agreements, and other such problems linked to breaking down of familial relationships – most commonly marriage. Family lawyers help you out with things you might not have considered, such as if you might be unsure as to what you are entitled to. Even if you hire a family lawyer, it does not necessarily mean that you must go to court. The family lawyer mediates between parties involved and usually reaches a mutually agreed upon agreement saving you major costs and headaches.

Criminal Lawyers in Sydney

In contrast, criminal legal services are required in case of an individual being charged with a criminal offence. A criminal offence is when an individual’s behaviour is considered unacceptable and harmful to the society as well.

There are two kinds of offences: Indictable offences, also known as felonies, and summary offences, also known as misdemeanours. Examples of cases where criminal lawyers need to be hired include assault, drug dealing, breaking and entering, fraud etc. Cases of domestic violence are usually handled by criminal lawyers, via Apprehended Violence Order (AVO). They are also called protective or restraining order.

How Platinum Lawyers Sydney Can Help

Platinum Lawyers Sydney is one of the leading and trustworthy law firms in the area of Sydney. We have established ourselves in the legal industry for over a decade, which has enabled us to gain experience and expertise in criminal law and family law matters. We provide you expert legal advice at the most reasonable cost.

You can call us at (02) 8084 2764 or visit our website’s homepage. Our goal is to help our clients reach the best outcome in their circumstance, without burning a hole in the pocket over legal fees.

Know About Dividing Marital Assets After A Separation

 

When a marriage or a de facto relationship has come to the point that the only way you hope to make things better is by getting a separation, there are a lot of things that come with it. A separation requires a lot of decisions to be made on your end of things, such as deciding about the “custody” of your children if you have any, or sorting out the legal matters of your divorce such as prenuptials.

Division of Marital Assets

Perhaps one of the most difficult decisions will be the division of your marital assets. A separatio

 

n entails that you and your partners will now go their own ways, and when you do, you will have to how the assets, as well as debts that you’ve got during your marriage, will be split.

Dividing marital assets can be difficult and a tricky task. That’s where Platinum Lawyers come in. We are one of the top family lawyers in Sydney, and we can give you numerous tips on the subject to prepare you for it.

Ways in which you can divide your marital assets at the end of a relationship.

1. You and your partner (former) can both come to agreement on how the property and debts should be divided, without having to involve the court. If both parties have come to an agreement on the terms, all there is to be done is apply for a consent order in the Family Court to legalise the agreement.
2. If you and your former partner can’t seem to come to terms on how the assets and debts should be divided at the end of a relationship, you can apply for financial orders including orders related to division of property or whatever your case entails, in the Family Court.

It is important to note that if you are applying for financial orders in the court, there is no set formula on how the property will be divided. No lawyer can tell you exactly about what the court will order, however a good family lawyer(s) like the ones at Platinum Lawyers can give you a good estimate about it. The court makes its decisions based on the unique facts of each case, so it is hard to gauge the exact outcome.

FAQ: How Platinum Lawyers Can Help with Dividing Marital Assets after a Separation

Q: Why is the division of marital assets considered a challenging task during a separation?

A: The division of marital assets is challenging due to emotional and financial complexities. Determining a fair and equitable distribution requires careful consideration of various factors.

Q: How can Platinum Lawyers assist in navigating the complexities of dividing marital assets?

A: Platinum Lawyers, as one of the top Family Lawyers in Sydney, provides valuable tips and guidance on the subject, preparing you for the challenges associated with dividing marital assets.

Q: What are the ways in which Platinum Lawyers can assist in the process of dividing marital assets?

A: Platinum Lawyers can assist by offering expert advice on negotiating agreements with your former partner. Whether you choose to reach a mutual agreement or need to file financial orders in the Family Court, their experienced family lawyers can guide you through the process.

Q: How can a mutual agreement on property and debt division be formalized without involving the court?

A: If both parties agree on the terms, Platinum Lawyers can assist in applying for a consent order in the Family Court to legally formalize the agreement without the need for court involvement.

Q: What if former partners cannot agree on how assets and debts should be divided at the end of a relationship?

A: If agreement cannot be reached, Platinum Lawyers can help you apply for financial orders in the Family Court, addressing issues related to the division of property or other relevant matters.

Q: Is there a set formula for property division in court-ordered financial orders?

A: No, there is no set formula for property division in court-ordered financial orders. The court makes decisions based on the unique facts of each case.

Q: How can Platinum Lawyers provide assistance if financial orders need to be filed in court?

A: Platinum Lawyers can guide you through the process of filing financial orders in the Family Court, providing estimates and insights into possible outcomes based on their expertise in family law matters.

Platinum Lawyers can help you out with the process, in any way you wish. Either you want to file financial orders or just want to legalise a Mutually Accepted Agreement, we are one of the best Family Lawyers in Sydney and have expertise in matters related to the Family Court. Contact us at (02) 8084 2764 to find out more.

Making an application for divorce in NSW or anywhere else in Australia is usually simple. Spousal support, custody arrangements, and property settlements are just a few problems that can make the divorce process more difficult.

If you’re considering separation, Platinum Lawyers, can provide you with an unparalleled Legal Experience, and can assist you with all of the family law difficulties that come with it. We’ll also handle the divorce application paperwork. It can assist you in reducing stress through one of your most trying periods.

Is There Anything You Need To Do Before You File Divorce Papers?

Divorcing spouses must meet several requirements under Australian family law before being granted a divorce, including:

  • Separation by law
  • Status of citizenship or residence
  • Certificate in counselling (in some cases)

While applying for divorce, you must not miss out on some crucial details that we have gathered below!

Check Eligibility-

In NSW and Australia, one or both spouses can file for the divorce process.

If you both agree to divorce, you can file a joint application. A joint application is what we call it. Also, you can file for divorce on your own if your spouse refuses to agree to the separation or if you can’t find your spouse. You are not required to obtain their permission or consent. It is also referred to as a single application.

One of the most significant distinctions between joint and solo applications is the time required. Because the court may usually deal with joint divorce documents more swiftly because they get agreed upon, the procedure gets usually completed sooner.

Some applications may take longer because the court may require multiple hearings to determine the best course of action. Alternatively, if one spouse opposes the separation you would be required to attend a Divorce Hearing. or objects to some of the charges in the papers, a second hearing may get the schedule to determine the truth. Later, the court decides whether or not to grant the divorce.

File Your Application-

All you need is to complete an application form to get a divorce. After that, you must sign and date it in front of a trained witness.

After that, you’ll need to provide a copy of your marriage certificate and the application form (divorce papers). This is then filed online with the Federal Circuit and Family Court of Australia. /In the Federal Circuit Court, this is done (FCC). The Court will charge a filing fee being $944.  It is approximately 9 $1000, although you might be eligible for a reduction if you have exceptional circumstances.

Get Your Court Date-

A sealed copy of the application form with the file number and hearing date will be available via the portal. Once the application gets completed, just pay the cost of it.

An Affidavit For e-Filing Application Must Be Signed And Uploaded (Divorce)-

Following the processing of the application, an Affidavit for eFiling Application (Divorce) will be available to download from the site. It must be signed or approved before a lawyer and then submitted as a scanned image on the portal.

Give Your Spouse The Application (If Filing Individually)-

A sealed copy of the application and corresponding attachments, affidavit and a sealed cover sheet will be available. once the scanned image of the affidavit gets downloaded.

According to the Federal Circuit Court Rules, the sealed documents must then be served on your ex-husband or wife. These guidelines stipulate that the papers must be served to the other party within a period before the court date.

Please see the Divorce Service Kit for more information on this and other service rules.

Put The Service Documentation Away (If Filed Individually)-

After you’ve served your ex-spouse with the papers, you’ll need to file an affidavit of service through the site.

The Court Hearing-

Your divorce application gets a hearing date and time. Your hearing date should have been available as soon as you filed your application, so you should know it by now. The following factors will determine whether you must attend your court hearing:

If you file the divorce application solely, you will be given a date to attend court for a divorce hearing. You will only need to attend the divorce hearing if:

  • you have filed a sole application and there is a child of the marriage aged under 18 years at the time of filing
  • you have indicated that you wish to attend in the application
  • either party has objected to the divorce being heard in the absence of the parties, or the respondent files a Response to divorce opposing the application

You do not need to attend a Divorce Hearing if the application was filed jointly with your spouse.

Divorce Certificate-

The court will approve a divorce order if they are sure that there are grounds for divorce and that the proper procedure has been followed during the hearing.

If you fail to follow the proper procedure and serve your spouse, the court date may get rescheduled to allow you to do so. When a divorce order gets granted, it becomes final one month and one day after the court hearing.

You cannot remarry between the time the divorce process order is granted and finalised; you must wait until the divorce order gets finalised.

What Occurs Once A Divorce Process Decree Is Issued?

After the final hearing, the divorce process order takes typically affect one month later. When this happens, your marriage gets dissolved. Therefore, you are free to marry again as long as you complete all conditions for a legal marriage in Australia, including submitting divorce documentation.

Keep in mind that you only have 12 months from the date of the decree to file for property settlement and spousal maintenance.

So, if you haven’t previously seen a lawyer, you should contact Platinum Lawyers as soon as possible to get things started. We’re the most outstanding family lawyers in Sydney. We’ll assist you with your divorce process and other family law matters. Call us at (02) 8084 2764.

Australia’s Divorce Rate

Marriages can be ended legally by divorce. It could be a trying time for you emotionally. By looking at some fundamental facts, you can de-mystify the divorce process if you’re thinking about it. That mystification is what this post seeks to assist with.

We’ve put up this step-by-step guide to assist you in learning how to seek a divorce if you live in NSW, Australia, to help take the guesswork out of the divorce process.

Divorce Application
Divorce Application

Step-by-Step Guide To Filing For Divorce

Step 1: Verify your eligibility

You must meet specific standards in order to be eligible for divorce in NSW. Prior to filing for divorce, you must demonstrate to the courts that:

  • Right now, you are legally wed.
  • The relationship has irretrievably broken down.
  • You and your boyfriend have been apart for more than a year.
  • One of you has lived in Australia for at least a year and is an Australian citizen or permanent resident.
  • Permanent resident or a citizen who has resided in Australia for at least a year
  • To be sure there is no chance of reconciliation if you have been married for less than two years, you must attend counselling.
  • You will need to present documentation to the courts in order to prove these claims. Your marriage certificate or similar marriage papers, as well as a certificate of citizenship or a duplicate of your visa if you weren’t born in Australia, will be required as supporting proof.

Step 2: Choose Whether To File A Solitary Or Joint Application.

You must make your choice regarding whether to file a solitary or joint application for divorce before the divorce process may begin. Given that there are diverse responsibilities for each approach, it’s critical to comprehend the distinctions between a solo and joint application.

  • Single Application

To complete the Affidavit for e-Filing application, only you must sign it. The Affidavit does not require the signature of your ex-spouse or ex-husband, but you must still serve them with the divorce petition.

  • Joint Submission

You will each fill out a copy of the application, which the other will then sign. The eFiling Application’s Affidavit must be signed by both of you.

Step 3: Fill Out The Divorce Application Form.

You must complete the divorce application in order to obtain a divorce. Applications are included in the divorce service package, which is available online on the website of Family Courts Australia. A lawyer or justice of the peace must sign the application form in their presence.

If you require assistance with the application, you should get legal counsel from specialists in family law, such as Platinum Lawyers Pty Ltd. We will be able to guide you through the procedure, clarify how the law applies to your situation, offer legal counsel, and show up at your divorce hearing to ensure that a binding divorce decree is issued.

Step 4: Submit Your Application.

The Commonwealth Courts Portal should be used to fill out and submit divorce applications. You’ll need a printer, a visa or MasterCard to pay the application cost, and digital copies of all of your papers, including your marriage certificate and any other necessary documents.

Step 5: Running the Application

A Hearing Date will be sent to you following the filing of the application. You do not need to serve your ex-spouse with any documents if you and they filed for divorce jointly.

You must serve the application if it was filed solely by you. You will need to make arrangements for your spouse to receive certain documents personally. Service is subject to stringent time constraints:

  • The documents must be served at least 28 days prior to the court hearing if your spouse lives in Australia.
  • The documents must be served at least 42 days prior to the court hearing if your spouse is abroad.
  • If you are unable to find your spouse, you must ask the court for permission to serve him or her informally. This can be a challenging application, and you’ll need to have conclusive evidence that you’ve looked into your ex-whereabouts.

You must file a statement with the court attesting to service once the application has been served.

Step 6: Showing Up For The Divorce Hearing

You might not have to show up to the divorce hearing where:

  • There are no under-18 children of the marriage (for both sole and joint applications).
  • Even if there is a kid in the marriage who is under 18 years old, you have made a joint application.
  • You (the applicant) must appear in court if you have filed a solitary application and there is a kid of the marriage who is under 18 years old.

Step 7: Sit Tight For 30 Days.

You will receive a preliminary divorce order on the day of the divorce hearing. This order will automatically become final one month after the hearing date.

Prior to the divorce order being finalized, you shouldn’t make preparations to get married on a particular day. Before the divorce decree is finalized, you are permitted to fill out and submit a Notice of Intended Marriage to an authorized celebrant.

It is strongly advised that you use a family law specialist to guide you through the post-divorce settlement procedure. Platinum Lawyers Pty Ltd, which focuses on family law, is qualified to assist you with your divorce. Need assistance with your divorce? We’re here to support you in reaching a favourable outcome. Call us at (02) 8084 2764 right away.

Financial Abuse is a Form of Abuse that is often overlooked in relationships. It occurs
when one partner has control over the finances, limiting the other person's financial
independence. Financial abuse is often used in conjunction with other forms of family
abuse, such as emotional or physical abuse. In this article, we will discuss what
financial abuse is, how to identify it, and what you can do to protect yourself.

Financial Abuse
Financial Abuse in Family Matters

What is Considered as Financial Abuse in a Family?

It is a form of abuse in which one partner has control over the finances, leaving the
other partner with limited financial independence. This can happen in a variety of
ways, such as limiting access to funds or assets, controlling how money is spent,
and preventing the other partner from working or earning money. Financial abuse
can happen in any relationship, regardless of gender, age, or sexual orientation.
A new government survey reveals that around 1.6 million Australian women have
had their money and job opportunities controlled or restricted by a partner, indicating
that one in six women in the country have experienced economic abuse.

Australians Experienced Physical or Sexual Abuse
Incidents of violence and abuse from cohabiting partners since the age of 15.

An abuser may control the finances to prevent the other partner from leaving or
seeking help. They may also use financial abuse to maintain power and control over
the other person.

Financial Abuse in Family Matters can be difficult to identify, as the signs can be
subtle. Here are some common signs of financial abuse:

  • Your Partner Controls All the Finances and doesn’t allow you access to any
    funds.
  • Your Partner Restricts Your Access to Money and Assets, such as a shared
    bank account or credit card.
  • Your Partner Monitors Your Spending and Questions all Your Purchases.
  • Your Partner Forces you to Account for Every Penny You Spend.
  • Your partner insists on being the sole breadwinner and prevents you from
    working or earning money.
  • Your Partner Borrows Money from you without paying it back.
  • Your Partner Takes Out Loans or Opens Credit Cards In Your Name without your
    consent.

If you think you are a victim of financial abuse, there are steps you can take to
protect yourself. Here are some things you can do:

  •  Educate Yourself On Financial Abuse: Learn about the signs and the different
    ways financial abuse can manifest. This will help you identify whether you are
    a victim of financial abuse.
  • Open Your Own Bank Account: If you don't already have your own bank
    account, open one in your name only. This will give you some financial
    independence and control over your own money.
  • Document Everything: Keep a record of all financial transactions, including
    bank statements, credit card bills, and receipts. This will help you keep track
    of your finances and identify any discrepancies or suspicious activity.
  • Seek Professional Help: If you are in a financially abusive relationship, seek
    help from a professional. This could be a therapist, financial advisor, or
    lawyer. They can help you understand your options and develop a plan to
    protect yourself.
  • Develop a Safety Plan: If you are planning to leave the relationship, develop a
    safety plan. This should include things like finding a safe place to stay,
    notifying family and friends, and having a plan for your finances.

    Why do you Need a Family Lawyer for Financial

    Abuse?

    If you are experiencing financial abuse in New South Wales (NSW), seeking the help
    of a family lawyer can be an important step in protecting your rights and securing
    your financial independence. Financial abuse is considered a form of domestic
    violence and is a crime under the law in New South Wales (NSW). The Crimes
    (Domestic and Personal Violence) Act 2007 (NSW) specifically recognizes financial
    abuse as a form of domestic violence. Here are some ways a NSW lawyer can assist
    you in cases of financial abuse:

  • Legal Advice: A family lawyer can provide you with legal advice on your
    rights and options when it comes to financial abuse. They can help you
    understand the different forms of financial abuse, such as fraud, coercion, or
    control, and advise you on the best course of action to take.
  • Intervention Orders: A lawyer can help you apply for an intervention order,

also known as a restraining order or apprehended violence order (AVO), which can protect you from further abuse.

An intervention order can prohibit your abuser from contacting or approaching you and

can also give you exclusive use of your home or restrict your abuser and access to joint bank accounts.

  • Property Settlement: If you are in a relationship that is ending due to financial
    abuse, a lawyer can assist you in negotiating a fair property settlement that
    considers the impact of financial abuse on your finances. They can help you
    determine the value of your assets, understand your legal entitlements, and
    represent you in court if necessary.
  • Divorce and Separation: Financial abuse can be a factor in divorce and
    separation proceedings, and a lawyer can help you navigate the legal process
    and advocate for your interests. They can help you understand the division of
    property, spousal maintenance, and child support issues that may arise, and
    can represent you in court if necessary.
  • Referrals to Support Services: A lawyer can connect you with support services
    in NSW, such as Domestic Violence Helplines, Financial Counselling Services,
    and Housing Assistance Programs. These services can provide you with
    practical and emotional support as you navigate the impact of financial abuse
    on your life.

Financial Abuse can have long-lasting effects on your financial stability,
independence, and emotional well-being. By seeking the help of a NSW lawyer, you
can take steps to protect yourself and secure your financial future.
In conclusion, financial abuse is a serious form of abuse that can have long-term
consequences for the victim. It is important to educate yourself on the signs of
financial abuse and take steps to protect yourself. If you are in a financially abusive
relationship, seek professional help and develop a safety plan. Remember, you
deserve to have control over your own finances and to live a life free from abuse.
When choosing a Family Lawyer in Sydney, it is important to consider factors such as
their expertise in the specific area of family law that your case involves, their track
record of success, their communication skills, and their approach to handling cases.

How Platinum Lawyers can Assist You in Cases of

Financial Abuse?

Platinum Lawyers is a Law Firm in Sydney that has experience and resources to
handle a wide range of family law matters. They offer a personalized approach to
each case and work closely with their clients to achieve the best possible outcomes
and are knowledgeable and empathetic to your situation. Their family lawyers
can work with you to develop a plan to address the abuse and protect your
financial well-being.

Parenting orders play a crucial role in determining the welfare and responsibilities of children post-separation. These legally binding arrangements are designed to ensure the best interests of the child. However, circumstances can change, necessitating a modification to the original order. If you’re considering altering an existing parenting order, it’s essential to understand the legal requirements and processes involved. In this blog, we’ll explore the steps to change a parenting order and how the expertise of Family Lawyers Sydney, particularly the best family lawyer in Sydney, can assist you in this process.

 

Understanding Parenting Orders

A parenting order is a legally enforceable decision made by the Family Court regarding the care, welfare, and development of a child. These orders cover various aspects, including:

  • Who the child will live with
  • The time the child will spend with each parent
  • Parental responsibility
  • Communication arrangements

Parenting orders are made with the child’s best interests in mind, aiming to provide stability and consistency. However, life is unpredictable, and changes in circumstances may require an adjustment to these orders.

Reasons to Change a Parenting Order

Several situations might necessitate a modification to an existing parenting order. These include:

  1. Significant Change in Circumstances: If there has been a substantial change in one parent’s circumstances, such as relocation, change in employment, or health issues, the order might need to be revised to reflect these changes.
  2. Child’s Needs: As children grow, their needs and preferences might change. What was suitable for a toddler may not be appropriate for a teenager.
  3. Non-Compliance: If one parent consistently fails to comply with the terms of the parenting order, a modification might be necessary to ensure the child’s welfare.
  4. Safety Concerns: If there are concerns about the child’s safety and wellbeing, such as exposure to abuse or neglect, immediate action to alter the order is essential.

The Process of Changing a Parenting Order

Changing an existing parenting order involves a formal legal process. Here’s a step-by-step guide:

1. Seek Legal Advice

Before making any changes, it’s crucial to seek legal advice from experienced Family Lawyers Sydney. The best family lawyer in Sydney can provide guidance on the likelihood of success and the appropriate legal steps to take.

2. Attempt Mediation

The Family Law Act 1975 encourages parents to attempt mediation before applying to the court. Mediation provides a platform for both parties to discuss their concerns and reach an amicable agreement. A qualified mediator can facilitate these discussions.

3. File an Application with the Court

If mediation is unsuccessful, the next step is to file an application with the Family Court. The application should outline the reasons for the requested changes and any supporting evidence. This process can be complex, and having the best family lawyer in Sydney can be invaluable.

4. Attend a Court Hearing

The court will schedule a hearing where both parties can present their case. The judge will consider all evidence, including the child’s best interests, before making a decision.

5. Court Decision

The court will issue a decision based on the presented evidence. If the judge determines that a change is in the child’s best interests, they will modify the parenting order accordingly.

The Role of Family Lawyers Sydney

Navigating the complexities of family law requires expertise and experience. Family Lawyers Sydney can provide invaluable assistance throughout the process of changing a parenting order. Here’s how they can help:

  • Legal Advice: Understanding the legal implications and feasibility of modifying the order.
  • Mediation Support: Facilitating discussions and negotiations during mediation.
  • Documentation: Preparing and filing the necessary legal documents accurately.
  • Court Representation: Representing your interests in court and presenting a compelling case.

Choosing the best family lawyer in Sydney ensures that you have a knowledgeable advocate by your side, maximising your chances of a favourable outcome.

FAQs

1. Can I change a parenting order without going to court?

Yes, changes can be made without going to court if both parties agree. Mediation is often used to reach an amicable agreement, which can then be formalised by the court.

2. What if my ex-partner refuses to attend mediation?

If one party refuses to attend mediation, you can still file an application with the court. The court may take the refusal into account when making a decision.

3. How long does it take to change a parenting order?

The time frame varies depending on the complexity of the case and the court’s schedule. Simple cases might be resolved in a few months, while more complex cases can take longer.

4. What if my circumstances change urgently?

In urgent situations, you can apply for an interim order to address immediate concerns. This temporary order can provide relief until a final decision is made.

5. Will the court consider my child’s preferences?

Yes, the court will consider the child’s preferences, especially if they are of an age and maturity to express their views. However, the final decision will be based on the child’s best interests.

6. Can a parenting order be changed if the other parent is not complying?

Yes, non-compliance with a parenting order can be a valid reason to seek a modification. The court may alter the order to better suit the child’s needs and ensure compliance.

Conclusion

Changing an existing parenting order can be a challenging and emotional process. However, with the right legal support from the Best Family Lawyers Sydney, you can navigate this journey more effectively. The best family lawyer in Sydney will help you understand your rights and options, ensuring that any changes made are in the best interests of your child. If you’re considering modifying a parenting order, seek professional legal advice to guide you through this complex process.

For expert assistance in changing a parenting order, contact Platinum Lawyers today. Our experienced team of Family Lawyers Sydney is here to help you achieve the best outcome for your family. Call (02) 8084 2764 for the best family lawyer in Sydney.

In relationships, financial abuse is an insidious form of control that often goes unnoticed. It’s crucial to recognise the signs and understand how it might manifest in your own relationship. This blog will explore the concept of financial abuse, provide real-life examples, and offer advice on seeking help, with a particular focus on the expertise of Family Lawyers Sydney.

Understanding Financial Abuse

Financial abuse occurs when one partner uses money and financial matters to control and manipulate the other. This control can strip away financial autonomy and independence, creating a dependency that makes it difficult for the victim to leave the relationship. Financial abuse is often accompanied by other forms of abuse, such as emotional and psychological manipulation.

Signs of Financial Abuse

  1. Restricted Access to Money: The abuser controls all financial resources, including bank accounts, credit cards, and even cash.
  2. Unapproved Spending: The abuser makes large financial decisions or purchases without consulting the victim.
  3. Limited Financial Knowledge: The victim is kept in the dark about the family’s financial situation.
  4. Debt Accumulation: The abuser accumulates debt in the victim’s name without their knowledge or consent.
  5. Employment Interference: The abuser prevents the victim from working or sabotages their job opportunities.

Real-Life Examples

Shared Credit Cards

A common scenario involves shared credit cards where one partner spends excessively, and the other is left questioning the purchases. While it’s normal to have discussions about finances, constant scrutiny and restriction can be a sign of financial abuse.

Hidden Assets

Another example is when one partner hides significant assets from the other. For instance, a person might own multiple properties and businesses without the knowledge of their partner. This deception can severely impact the trust and dynamics of the relationship.

Identity Theft

Financial abuse can also involve identity theft, where the abuser uses the victim’s personal information to open accounts or take out loans. This can ruin the victim’s credit score and financial stability.

Coercive Control

Coercive control in financial abuse can include monitoring the victim’s spending, restricting access to bank accounts, and demanding passwords. An example is a spouse overseas who controls every financial aspect of their partner’s life back home, even down to trivial expenses like toll charges.

How to Recognise Financial Abuse

Recognising financial abuse can be challenging, especially when it’s subtle. Here are some key indicators:

  1. Unexplained Transactions: Frequent and unexplained withdrawals or transactions from joint accounts.
  2. Lack of Access: Being denied access to financial accounts or information.
  3. Unusual Spending Patterns: The abuser spends excessively or secretively.
  4. Forced Signatures: Being coerced into signing financial documents.
  5. Restricted Communication: The abuser isolates the victim from discussing financial matters with others.

Steps to Protect Yourself

If you suspect that you are a victim of financial abuse, it’s important to take steps to protect yourself:

  1. Document Everything: Keep detailed records of all financial transactions and any instances of financial control or abuse.
  2. Secure Important Documents: Ensure that important financial documents are kept in a safe place.
  3. Separate Finances: If possible, set up a separate bank account and start saving money independently.
  4. Seek Professional Help: Consult with Family Lawyers Sydney who specialise in financial abuse and can provide legal advice and support.
  5. Reach Out for Support: Maintain relationships with family and friends and seek support from domestic violence organisations.

Legal Assistance from Family Lawyers Sydney

Family Lawyers Sydney can provide invaluable assistance in cases of financial abuse. They can help you understand your rights, navigate the legal system, and take steps to protect your financial future. Legal professionals can also assist in securing restraining orders, separating joint finances, and ensuring fair division of assets.

The Importance of Legal Advice

Seeking legal advice is crucial in cases of financial abuse. Lawyers can help you understand the nuances of financial control and guide you through the process of regaining your financial independence. They can also provide support in cases of fraud and identity theft, ensuring that you are legally protected.

FAQs About Financial Abuse

1. What is financial abuse in a relationship?

Financial abuse involves controlling a partner’s access to financial resources, limiting their ability to be financially independent, and using finances as a means of manipulation and control.

2. How can I tell if I am being financially abused?

Signs include restricted access to money, unexplained transactions, lack of financial knowledge, and being coerced into financial decisions or debt.

3. Can financial abuse occur without physical or emotional abuse?

Yes, financial abuse can occur independently, but it often accompanies other forms of abuse, such as emotional or psychological manipulation.

4. What should I do if I suspect financial abuse?

Document everything, secure important documents, separate finances, seek professional help from Family Lawyers Sydney, and reach out for support.

5. How can Family Lawyers Sydney help in cases of financial abuse?

They can provide legal advice, help secure restraining orders, separate joint finances, and ensure fair division of assets.

6. Can financial abuse affect my credit score?

Yes, financial abuse can lead to debt accumulation and identity theft, severely impacting your credit score.

7. Is it possible to regain financial independence after experiencing financial abuse?

Yes, with proper legal advice and support, you can regain financial independence and secure your financial future.

8. Are there organisations that can help victims of financial abuse?

Yes, numerous organisations provide support and resources for victims of financial abuse, including domestic violence shelters and financial counselling services.

Conclusion

Financial abuse is a serious issue that requires awareness and action. If you suspect that you are in a financially abusive relationship, it’s important to seek help and protect yourself. Family Lawyers Sydney can provide the necessary legal support to help you regain your financial independence and ensure your safety. Don’t hesitate to reach out for help and take the first step towards a secure and independent future. Call at (02) 8084 2764 to avail our service.

When it comes to ending a marriage, most people think of divorce. However, annulment is another legal avenue that can declare a marriage null and void as if it never existed. Understanding the annulment process, especially in Australia, is crucial for those considering this option. Here’s a comprehensive guide to help you navigate the annulment of marriage, brought to you by your trusted divorce lawyer in Sydney.

The Annulment Process

An annulment, or a decree of nullity, is a legal procedure that declares a marriage invalid from the outset. Unlike divorce, which ends a legally valid marriage, annulment establishes that the marriage was never legally binding. Common grounds for annulment include fraud, bigamy, incapacity to consent, and underage marriage without proper consent.

How is Annulment Different from a Divorce?

While both annulment and divorce dissolve a marriage, they do so under different premises. Divorce ends a legally valid marriage and recognizes that the marriage existed but has broken down irretrievably. In contrast, annulment declares that the marriage was never legally valid in the first place, meaning it is treated as though it never occurred. This distinction is crucial in understanding the legal implications and processes involved in each.

How to Apply for a Marriage Annulment in Australia

Applying for a marriage annulment in Australia involves several steps:

  1. Consult a Divorce Lawyer in Sydney: It is advisable to seek legal advice to understand the grounds and process for annulment.
  2. Prepare Your Application: Gather necessary documents, including your marriage certificate and any evidence supporting your grounds for annulment.
  3. File the Application: Submit your Application for Decree of Nullity to the Family Court of Australia. Ensure all forms are completed accurately to avoid delays.
  4. Court Hearing: Attend the court hearing where a judge will review your case and decide whether to grant the annulment.

Serving an Application for Decree of Nullity

After filing your application, the next step is to serve the documents to your spouse. This can be done through:

  • Personal Service: Hand-delivering the documents to your spouse.
  • Service by Post: Sending the documents via registered mail.
  • Service by a Professional Process Server: Hiring a professional to serve the documents on your behalf.

It’s essential to follow proper legal procedures for serving the documents to ensure the process is valid.

Time Limitations for Nullity Proceedings

While there is no strict time limit for filing for an annulment, it’s advisable to commence proceedings as soon as possible. Delays can complicate the process and may impact the court’s decision. Consulting a divorce lawyer in Sydney early can help streamline the process and address any issues promptly.

FAQs

  1. What is the difference between divorce and annulment?
    • Divorce ends a legally valid marriage, while annulment declares that the marriage was never legally valid.
  2. Can I apply for an annulment without a lawyer?
    • While it’s possible, consulting a divorce lawyer in Sydney can provide essential guidance and improve your chances of a successful application.
  3. What are the common grounds for annulment?
    • Common grounds include fraud, bigamy, incapacity to consent, and underage marriage without proper consent.
  4. How long does the annulment process take?
    • The duration varies depending on the complexity of the case and the court’s schedule. Consulting a lawyer can give you a better estimate based on your specific situation.
  5. Can an annulled marriage affect property settlements?
    • Yes, an annulment can impact property settlements. Legal advice is crucial to navigate these complexities.

Conclusion

Navigating the annulment process can be complex, but with the right legal support, it can be a manageable journey. If you believe your marriage is invalid and wish to pursue an annulment, contacting a qualified divorce lawyer in Sydney can provide the guidance and support you need. By understanding the steps and requirements, you can make informed decisions and move forward with confidence. Call at (02) 8084 2764 to avail our service.

Parenting is a multifaceted journey fraught with decisions, and one common predicament parents often face is whether they can leave their child unattended in the car while paying for petrol. This comprehensive guide aims to provide clarity on the legal aspects surrounding this issue in New South Wales (NSW) and shed light on how Platinum Lawyers Sydney, with their legal expertise, can assist parents in navigating this complex terrain.

The Challenge of Daily Tasks and Child Safety

Parenting, undoubtedly, is a delicate balancing act, especially when the demands of daily tasks collide with ensuring a child’s safety. Striking the right balance requires an understanding of legal obligations and responsible decision-making.

Leaving a Child Unattended – Risks and Considerations

Leaving a child alone in a car, even for a brief moment, poses inherent risks. These dangers include accidental self-locking, potential distress, and rapid temperature changes inside a parked car, all of which can significantly impact a child’s well-being.

Legal Framework in NSW – A Closer Look

Understanding the legal framework in NSW is crucial for parents. This section delves into the circumstances under which leaving a child unattended is deemed illegal, the potential consequences, and the paramount importance of protecting the child’s health and safety according to NSW laws.

How Platinum Lawyers Sydney Can Assist

Navigating the intricate landscape of the law is challenging, but Platinum Lawyers Sydney, with their legal expertise, can offer valuable assistance. From clarifying doubts to guiding parents on legal intricacies, Platinum Lawyers act as a reliable resource for navigating the legal complexities.

Empowering Parents Through Knowledge and Legal Support

Child Safety is a collective responsibility. This section emphasises the holistic approach needed, combining legal compliance with responsible parenting. It underlines the importance of increased awareness and adherence to laws to create a safer environment for children.

Here are some FAQs:

  1. What is the permissible age limit for leaving a child unattended in a car in NSW?

In NSW, it is illegal to leave a child unattended “where they might be in distress or their health is in danger.” This is applicable to children under the age of 12.

  1. What are the potential legal consequences of leaving a child unattended in a car in NSW?

Depending on the circumstances, legal consequences may include fines and, in extreme cases, imprisonment of up to three years.

  1. Is there a specific definition of ‘distress’ in the context of leaving a child unattended in a car?

While distress is not explicitly defined, factors such as extreme temperatures inside the car can be considered distressing to a child’s well-being.

  1. Can leaving a child unattended lead to charges of child endangerment in NSW?

Yes, leaving a child unattended in circumstances that endanger their health can lead to charges of child endangerment.

  1. Are there exceptions to the rule of not leaving a child unattended in a car in NSW?

There are no explicit exceptions, but enforcement may consider circumstances, and reasonable actions taken for the child’s supervision.

  1. What steps should parents take if they are unsure about complying with child safety laws in NSW?

Parents should consult legal professionals, such as Platinum Lawyers, who can offer guidance tailored to their specific circumstances.

  1. Can Platinum Lawyers assist parents facing legal issues related to child safety in NSW?

Yes, Platinum Lawyers specialise in legal matters, including child safety laws, and can provide assistance, advice, and representation for parents facing legal challenges.

  1. How can parents stay informed about any updates or changes in child safety laws in NSW?

Staying informed through reputable legal sources, government updates, and seeking advice from legal professionals like Platinum Lawyers can help parents stay abreast of any modifications to child safety laws.

  1. Are there educational programs or initiatives to raise awareness about child safety in cars in NSW?

Various educational programs, such as those conducted by organisations like Kidsafe, aim to raise awareness about the dangers of leaving children unattended in cars. Platinum Lawyers can provide information on such programs.

  1. Can obtaining legal advice be beneficial for parents seeking clarity on child safety laws in NSW?

Yes, seeking legal advice is crucial for gaining clarity on the nuances of child safety laws in NSW. Platinum Lawyers can offer expert advice tailored to individual situations.

Conclusion: Platinum Lawyers Sydney – Your Legal Ally

In conclusion, empowering parents with knowledge about child safety laws is crucial. Platinum Lawyers Sydney stands as a reliable legal ally, offering support and guidance. This guide serves as a testament to Platinum Lawyers’ commitment to providing valuable assistance, ensuring parents can make informed decisions while prioritising their child’s safety and well-being.

 

When it comes to dealing with family matters in Sydney, New South Wales (NSW), the cost of hiring a family lawyer carries a multifaceted significance that extends well beyond monetary considerations. While the financial aspect is undoubtedly crucial, the true cost encompasses emotional, time-related, personal, and even opportunity costs. This comprehensive exploration not only delves into the various dimensions of cost but also shines a spotlight on how a reputed law firm like Platinum Lawyers can play a pivotal role in helping individuals and families navigate the complexities of family law in NSW.

Understanding the Comprehensive Cost of Hiring a Family Lawyer in NSW

1. Emotional Cost

Family law matters, by their nature, can be emotionally charged and challenging to navigate. Hiring a family lawyer often signifies a recognition of the emotional toll that such issues can take. Here’s a closer look at the emotional cost:

  • Stress and Anxiety: Legal proceedings can trigger significant stress and anxiety as individuals grapple with the uncertainty of outcomes and the emotional complexities of family disputes.
  • Strained Relationships: Family law proceedings can strain not only the relationship with your former spouse but also with other family members who may be involved or affected.
  • Impact on Children: Child Custody disputes can be emotionally damaging for children, raising concerns about their well-being.
  • Grief and Loss: Cases involving divorce often evoke feelings of grief and loss as individuals confront the end of a significant chapter in their lives.

Emotionally, hiring a family lawyer signifies the acknowledgment of these challenges and the need for professional guidance and support to navigate them effectively.

2. Time Cost

Time is another dimension of the cost of hiring a family lawyer in NSW that often goes underestimated. Legal proceedings can be lengthy, and the time invested can impact various aspects of life, from personal relationships to career goals:

  • Legal Consultations and Meetings: Attending consultations and meetings with your lawyer takes time, and the frequency of these interactions may vary based on the complexity of your case.
  • Court Appearances: Depending on the nature of your case, multiple court appearances may be necessary, disrupting your work schedule and personal life.
  • Document Preparation: Collecting and organising the required documents for your case can be time-consuming, requiring substantial effort.
  • Negotiation and Mediation: Engaging in negotiation or mediation can extend the timeline as finding common ground can take time.

Balancing the time cost of legal proceedings with other commitments is essential, and open communication with your lawyer about expected timelines can help you plan effectively.

3. Personal Cost

The personal cost of family law proceedings in NSW encompasses the impact on personal life, relationships, and overall well-being. This cost can be both direct and indirect:

  • Strain on Personal Relationships: Legal disputes can strain relationships, not only with your former spouse but also with family and friends who may be caught in the middle.
  • Impact on Mental Health: The stress and emotional toll of family law matters can affect mental health, potentially leading to conditions like depression or anxiety.
  • Lifestyle Adjustments: Financial aspects may necessitate lifestyle adjustments, such as cutting back on expenses or making changes to living arrangements.

Indirect personal costs can affect your career, personal growth, and life experiences, making it essential to prioritise self-care and seek emotional support when needed.

4. Opportunity Cost

Opportunity cost is the value of opportunities foregone when you choose one option over another. In the context of hiring a family lawyer in NSW, opportunity cost can be significant:

  • Career Opportunities: Time spent on legal proceedings may limit your ability to pursue career opportunities or professional development.
  • Personal Growth: The emotional and time-related demands of legal battles can impede personal growth and self-improvement.
  • Life Experiences: The financial cost of legal proceedings may limit your ability to engage in travel or other life experiences.

Understanding opportunity cost involves assessing the potential benefits you might have gained from alternative choices. It underscores the importance of making informed decisions about how to allocate your time and resources during family law proceedings.

5. The Cost of Uncertainty

Uncertainty is a fundamental element of family law proceedings. The outcome of your case can be unpredictable, and this uncertainty can add to the overall cost:

  • Financial Uncertainty: The financial implications of legal decisions, such as property division or spousal support, can be uncertain, leading to stress over future financial stability.
  • Emotional Toll: Not knowing how a custody arrangement will affect your children or the impact of divorce on family dynamics can be emotionally taxing.
  • Legal Expenses: The unpredictability of legal costs can cause anxiety, as you may not have a clear picture of the total financial burden.

Managing the cost of uncertainty involves seeking clarity through open communication with your Divorce Lawyer and exploring options for settling your case outside of court when feasible. This can help alleviate some of the uncertainty and stress.

How Platinum Lawyers Can Help

Amidst the multifaceted cost of hiring a Family Lawyer in NSW, experienced legal representation becomes invaluable. Platinum Lawyers, a distinguished law firm in NSW, offers a range of services that can significantly alleviate the challenges associated with family law matters:

  1. Expertise and Guidance: Platinum Lawyers boasts a team of seasoned family lawyers with extensive experience in handling a wide array of family law cases. Their expertise can help you navigate the legal intricacies efficiently, potentially reducing both the time and emotional costs of your case.
  2. Conflict Resolution: Platinum Lawyers recognises the importance of finding amicable solutions when possible. They specialise in negotiation and mediation, striving to minimise the adversarial aspects of legal proceedings and reach resolutions that prioritise the well-being of all parties involved.
  3. Personalised Approach: Every family law case is unique, and Platinum Lawyers understands the need for a personalised approach. They take the time to understand your specific circumstances, goals, and concerns, tailoring their legal strategy to your individual needs.
  4. Communication and Transparency: Clear communication is vital in managing the cost of uncertainty. Platinum Lawyers emphasises open and transparent communication, ensuring you are well-informed about the progress of your case and the potential outcomes.
  5. Minimising Emotional Impact: Platinum Lawyers is committed to minimising the emotional cost of family law proceedings. They provide compassionate support and guidance, helping you navigate the emotional challenges with resilience.
  6. Efficiency and Timeliness: With Platinum Lawyers, you benefit from an efficient and timely legal process. They understand the importance of minimising the time cost of your case and work diligently to achieve swift resolutions.

Conclusion

The cost of hiring a family lawyer in NSW transcends financial considerations, encompassing emotional, time-related, personal, and opportunity costs, as well as the cost of uncertainty. Recognising and managing these multifaceted costs is essential for individuals and families dealing with family law matters.

Platinum Lawyers, with its team of experienced and compassionate family lawyers, offers invaluable support in managing these costs. Through their expertise, conflict resolution skills, personalised approach, and commitment to transparent communication, they empower clients to navigate family law proceedings in NSW with confidence and peace of mind. By understanding the significance of the comprehensive cost and partnering with a trusted legal ally like Platinum Lawyers, individuals and families can face family law challenges with resilience and hope for a better future.

 

Show Buttons
Share On Twitter
Hide Buttons