Toorak family lawyers specialize in handling issues that affect family life. This may include domestic abuse and property settlement issues. Furthermore, they may assist in matters such as inheritance and estate management.
Divorce
Divorce is the legal end to your marriage. Over the course of your marriage, both parties acquired property and accrued debt that needs to be divided equally upon divorce.
As part of your divorce proceedings, alimony can help ease your transition back into society after separation or divorce. There are various types of alimony payments: permanent alimony, temporary alimony and rehabilitative alimony.
If you and your spouse can’t come to an agreement on key divorce issues like child custody or property division, court intervention will often be required to resolve them – these cases are known as “contested divorces”.
A judge will make decisions after hearing both parties involved, so having an attorney on your side can help prepare and file all necessary paperwork, attend mediation sessions with both of you to try to come to an agreement that will pass muster with the courts, or represent both of you at trial if it cannot be achieved.
Property Settlement
Property settlement refers to the process by which couples divide their assets following separation or divorce, typically by deciding how they’ll divide community property with any separate assets that one partner owned prior to marriage as well as how to handle liabilities such as mortgage loans and credit cards.
This agreement may also address alimony payments made by one spouse to another for financial needs post-divorce. Each party should fully disclose all assets they know of to prevent future disputes over them.
Make sure to hire an experienced lawyer when drafting and reviewing a property settlement agreement to ensure its clarity and comprehensiveness. Since it is legally binding, courts will only enforce terms agreed upon between both parties. In the event that there are any discrepancies with your property settlement agreement then any issues must be settled through legal means in court.
Domestic Abuse
Abuse may take many forms – emotional, sexual, financial or physical – and even one incident can constitute domestic abuse if it reoccurs often or severely. Abuse includes coercive control and psychological manipulation and it affects people of any age or gender. People who engage in abusive behaviour typically have experienced violence or trauma previously in their lives and could use drugs or alcohol while having mental illnesses; such behavior could also be influenced by media depictions that promote violent relationships that have sexual overtones.
Are they making threats of physical harm against you, other family members or animals? Have they become so controlling and emotionally abusive that it has caused fear in you and other members? Isolate by keeping you away from friends or work? Call and insult you publicly? Yell during arguments? Do they seem jealous of other relationships you are involved in or accuse you of cheating frequently?
Child Support
As soon as a couple with children divorces, one or both must typically arrange some form of financial support for their offspring – this is known as child support and its specific rules, amounts, and requirements vary by state.
Courts can order one parent to pay the other for housing, food and clothing expenses; both parties should share in any additional expenses such as health insurance premiums, private school tuition fees or transportation costs for their children.
At times when filing child support, both parties will typically submit detailed income declarations under penalty of perjury to be submitted as evidence in their case. It’s common for judges hearing these cases to rely heavily on these documents when making their decision, often taking them into consideration when making decisions on our clients’ cases. Some clients believe their former partner may be misusing child support checks they receive – paying for extravagant items not related to supporting their child and using payments on luxurious things they no longer require themselves or the child in need. While courts don’t get involved in disputes over small matters such as these claims made about failing children being met and investigated claims regarding how needs of children being met or not being met properly by either parent or both parents being met – which should concern all involved parties involved when considering claims made about children not being provided with adequate support payments or child needs not being met.
