Family Law
Do You Have A Family Matter You'd Like To Discuss?
Family issues such as divorce, property settlement and matters involving children can be emotionally draining and confusing. Generally, it may be regarded as one of the most trying times in a person’s lifetime. If not handled properly, it may leave an everlasting adverse effect on one’s life. The team at Terese Wacyk Legal will help guide you through and advise the best options during these testing times.
Whether you are looking to protect your assets and need advice on your rights when separating your property interests from your partner when a relationship ends, we have the experience to help ensure your rights, entitlements and assets are protected, so you are best placed to move on with your life.
Property
Whether you are ending a marriage, or a de facto relationship, it is extremely important for you to meet all the legal requirements to finalise the separation of property as soon as possible. Otherwise, your former partner may be able to make claims on your future earnings and assets, which you acquire in the future, including your hard-earned superannuation. Without obtaining a property settlement, your ex-spouse may even be entitled to make a claim against your estate should you pass away.
Getting a property settlement is different to getting a divorce, often people confuse the two. On the one hand, the divorce legally terminates the relationship, however, it doesn’t deal with the division of the parties’ assets. In order to divide the matrimonial/de facto assets between your partner and yourself, you will require a property settlement. This may be achieved by way of agreement and finalised by way of a Consent Order or in more contested matters, by issuing proceedings in the Federal Circuit and Family Court of Australia. The reality is that property settlement is different for every couple based on their differing circumstances and the only way to guarantee that you get your fair share of the asset pool at settlement, and all of your entitlements is by getting early, quality independent legal advice. At Terese Wacyk Legal, we will provide you with the best advice, will negotiate on your behalf and we will advocate to get the best outcome for you so you can move on with your life.
Divorce
Getting a property settlement is different to getting a divorce. Often people confuse the two. A property settlement deals with the division of the parties’ assets, whereas a divorce legally terminates the relationship. If you are intending to divorce your spouse, you may also need to consider a property settlement. We advise that you see a divorce lawyer as soon as possible as there are time limits to consider, which may also impact on your ability to obtain a property settlement.
Children
When a couple separates and they have children, the time-spending arrangements with the children following separation may be in dispute. If parents are unable to agree as to who sees the children and when, it may be necessary for the courts to intervene. In order to maintain your relationship with your children it is important that you see them and when the parents cannot agree, it is essential to obtain a parenting order which formally sets time-sharing arrangements in place. This can be achieved by way of a consent order, as in the case of a property settlement, without the need to formally involve the Court or, in more contested matters, it may be necessary for the court to intervene. Whatever your situation based on your particular circumstances, we can provide the advice you need to obtain the best outcome.
