When a marriage or de-facto relationships comes to an end, it’s naturally a highly emotionally difficult time for both parties. This is especially true if issues of domestic abuse, drug abuse and/or infedelity are present and partly responsible for the split.
Regardless of the cirucmstances of the seperation, there are legal questions that need to be answered, especially when the relationship was sharing assets and responsibility over raising children. Those living in north-western Sydney and dealing with these kinds of issues would do well hire Tajik Lawyers, one of the talented family law solicitors in the Hills District.
However, there are some important things you should know about this area of law and how it is handled in Australia before you decide on a practitioner to assist you. Let’s take a look at some facts you should be aware of before engaging family law solicitors in the Hills District.
No fault divorce
In Australia, we have no legal principles governing which party is ‘at fault’ for the divorce and therefore this concept is dismissed in all offical proceedings. What this means is that if the catalyst for the divorce was your former partner’s infedelity (they cheated on you), this can’t be used against them in order to get a greater share of property assets of parental custody.
When you speak to one of the family law solicitors in the Hills District, they will try to get you to see clearly and pursue practical strategies to secure the best possible outcome for you. Getting hung up on how much you hate your ex, or trying to vindictively punish them via legal means isn’t helpful at will be recommended against by your lawyer.
Best interests of the child
When it comes to issues of child custody, they are normally the most hotly contested between divorcing parties for obvious reasons. It is here that we see notorious cases of parents attempting to manipulate their children and turn them against the other parent in a bid to get full custody and punish the other parent.
Australian courts put the welfare of children above all else when it comes to these issues and seeks to ensure that their emotional well-being, educational development and general lifestyle are not negatively impacted by the split. With this in mind, the court will use a series of factors to determine parenting arrangements in the best interests of the child or children.
So, while you may think your ex is the scum of the earth – if they aren’t abusing your children or using drugs etc. – they have a right to be a part of their life. When you work with a family law solicitor in the Hills District, they will most likely recommended that you engage in a dispute resolution process with your ex so that you can come to mutually agreeable arrangement for the future parenting of your children.
Out of court settlements
When you engage a family law solicitor from the Hills District, most of the work they do for you will likely take the form of negotiating across from your ex’s lawyer to find a deal you can both agree on. These ‘out of court settlements’ are encouraged by the court system because there is already a long waiting list of cases that need to be arbitrated by a judge, so it unburdens the system when you settle your case outside of the courtroom.
Hopefully the above information will give you some much needed insight prior to engaging one of the many family law solicitors in the Hills District.