Parenting Orders – Considerations of the Court
In child custody matters, when making a parenting order, the main consideration of the court is whether the proposed arrangements are in the best interests of the children. The court presumes that it is in the best interests of the children for parents to have ‘equal shared parental responsibility’, but it...
Mistakes made in Child Custody Proceedings – Watch Your Behavior
INTRODUCTION A traditional Chinese curse simply put is “May you live in interesting times” and ‘interesting times’ is the most charitable description of the daily happenings of those parents entering into the affray of child custody proceedings. Seeing our own client’s daily personal battles i...
Making your AVO work for you
Most people find their AVOs to be highly effective in preventing violence, intimidation and harassment. You have every reason to be hopeful that the defendant to your AVO will take proper notice of your AVO, and that you will have no further trouble. In the end, however, an AVO is an order of the court not jus...
Women and Family Law
This is the tenth edition of Women and Family Law. It states the law as at April 2014 that applies to married and de facto couples (including same sex de facto couples) after relationship breakdown. This booklet provides a starting point for finding out information about the law. It provides some answers to comm...
Share the Care Parenting Plan – Collaborative Parenting Apart
Divorce and separation are painful for everyone involved–particularly children. At this challenging time children need support, love and contact with both parents. Some certainty about the future is also very important for everyone. A written parenting plan, worked out between parents, will help clarify th...
An Invitation to Split!! Binding Financial Agreement / Pre-Nuptial Agreement
Wallace & Stelzer and Anor  FamCAFC 199 Background to the case `A couple, known by the court as Mr Wallace and Ms Stelzer, met in 1998 at the Sydney club where Ms Stelzer worked soon after Mr Wallace split from his first wife. He was 51 years old, divorced and came into the marriage with an "ove...
Spousal maintenance is fundamentally different from child support. A separating spouse or partner does not have an automatic entitlement to receive money in the form of financial maintenance from their former partner. There is no set formula or method in determining the amount of spousal maintenance that should be paid from one partner to the other. However, our dedicated team of expert family lawyers have a firm conviction that collaborative law techniques are the best way to ensure that you and your former spouse or partner reach a mutually agreeable spousal maintenance agreement, couched in a legally enforceable format, which ensures legal costs are kept to a minimum.
In those circumstances where former spouses or partners cannot reach an agreement, we will vigorously represent your interests in the Family Court or Federal Magistrates Court. To be eligible for spousal maintenance there must be a significant difference in the spouses’ relative level of income (at the date of separation). The Court looks at the ‘financial needs’ and ‘reasonable day-to-day living expenses’ of the lower income earning spouse, as well as looking at the ‘financial capacity’ of the higher income earning spouse, to meet those financial needs and day to day expenses.
Whilst there is a positive obligation to seek employment after an award has been made by the Court, a low-income earning spouse who has assumed the primary care of children of or under school age, is entitled to commit themselves full-time to that role. In addition, the Court does not require that the lower income spouse or partner deplete matrimonial property assets before making an application for spousal maintenance.
Our team of dedicated family lawyers have a wealth of experience in drafting mutually acceptable spousal maintenance agreements. Our experience in conducting collaborative mediation sessions will ensure that you and your former partner reach a compromise that takes into account your mutual needs, whilst our extensive courtroom experience is always available to be called on if your legal rights need to be enforced through litigation.
Call the experienced team at GMH Legal to assist you in your matter.
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- Over 60 years of combined legal experience
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