December 5, 2022

A family is where you feel love and support the sincerest, and starting your own family is an exciting event of your life. However, there are certain circumstances that need the help of the court, finding an attorney that specializes in Brisbane family law. Whether you are starting a new relationship, 

Family law is a vast practice that deals with the affairs relating to family such as spousal support, child custody, adoption, domestic abuse, and divorce. A lot of these situations can become complicated, contentious, stressful, and emotional. 

Here are the following matters that need you to hire a legal practitioner of family law:

Marriage

Besides the wonderful things about marriage, it can also become a complicated legal affair. For this, it makes sense to consult with a family attorney if you are preparing for marriage. The attorney can help you through the legal necessities for marriage. The legal expert will guide on your rights and responsibilities as well as on how to navigate the issues relating to married life. 

Also, a family lawyer helps you secure your future and protect your assets throughout the union by preparing a prenup agreement. This is crucial if you bringing pre-owned assets into the marriage. In the event of a divorce, the prenup decides how you divide your wealth. 

Domestic Abuse

Family courts handle some areas of criminal abuse and violence, because the criminal court handles most of it. The family law covers the protection order against the abusive spouse. When it is child abuse, the court will determine whether to terminate the parental rights or should the family be reunited. 

Domestic abuse is not solely about physical abuse. It can also take on many forms including:

  • Sexual abuse/assault
  • Psychological/emotional abuse
  • Social abuse
  • Stalking/harassment
  • Financial/economic abuse
  • Spiritual abuse

Paternity

Pursuing paternity helps secure the future of the child in various ways. It helps the child find their identity and cultural heritage, particularly if the father comes from another culture than the mother. If the father has not been present, determining paternity is an appropriate first step if he wants to be more involved and acknowledge relation with the child. 

Establishing paternity also helps provide financial support for a better quality of life, as well as makes the child an heir through inheritance rights. In addition, the pension, Social Security, life insurance, veteran’s benefits, and other benefits of the father can carry over to his child. 

Divorce, Legal Separations, and More

If yourmarriage is not working for whatever reasons, there are several routes to take if you want to end it:

  • Divorce. When divorce ends the marriage, it involves orders regarding child custody, child support, child visitation, spousal support, and division of marital property. 

Today, the court allows the couples to proceed with divorce under no-fault grounds. It removes the need for a divorce decree in order to end the marriage. Ex-spouses resolve their divorce cases through mediation or settlement. However, some contentious divorces end up going to trial. 

  • Legal separation. It is an option to end the marriage through a court-sanctioned separation. But, legal separation does not end the marriage permanently. It means you are still legally married even though you are not living in one roof anymore until you obtain a divorce judgment. 

Legal separation impacts the financial responsibilities and the legal rights of both parties.

  • Annulment.In such a case, your family law attorneywill contend that you were never legally married to begin with and so the marriage was invalid. Grounds for an annulment are failure to consummate the marriage, impotence, fraud, temporary insanity, they are too young, they are already married to another person, and misrepresentation about the legal eligibility for marriage.

  • Summary dissolution. Thisprocess is the shortened version of divorce.It is an option for couples who do not have minor children and have been married for less than five years. If you qualify for a summary dissolution, you and your spouse do not need to go to trial. Both of you should file a Joint Petition for Summary Dissolution and prepare a property settlement agreement. Also, both parties agree to waive spousal support (alimony).

Child Custody and Visitation

Custody refers to both physical and legal custody of a parent to a child; whereas, visitation means the actual time spent with the child.

Physical custody is the actual possession of the child and with whom the child lives. One parent can have the sole physical custody of the child, or it will be split between the parents.

There is also joint custody, in which the child may stay with one parent during the week and the other parent on weekends or holidays.

On the other hand, legal custody pertains to the decision-making regarding how to raise the child. The parents need to decide on the healthcare treatments, schools, churches, etc. Legal custody can be given to one parent or split between the parents. 

With regards to visitation, this are of family law covers the time given to the noncustodial parent with the child. It usually includes the visitation schedule, establishing the specific locations, times, and dates when the noncustodial parent can see the child. 

The court may order supervised visitation if a parent poses a threat to the child. 

Child Support

After a divorce, non-custodial parents and unmarried parents have a legal obligation to provide financial support to their children. This is usually in the form of monthly payments given to the custodial parents. 

Depending on their circumstances, both parents are responsible to pay child support. Parents refer to biological parents, adoptive parents, and those who have become parents due to an artificial conception procedure.

Parents can have their own arrangements with regard to child support.

Spousal Support

After a divorce, spousal support, also called alimony, consists of financial payment from an ex-spouse to the other. The earning capability of each spouse, the financial resources, and the length of the marriage determine the amount, duration, and time of the spousal support. 

Spousal support often last from 6 to 12 months for each year you lived together or were married. But, when you were older when you separate or have been married for a long time, the support may not have an expiration date. When the payor retire, the end date is usually decided.