O'Loan Family Law

What Is A De Facto Relationship? If you are in a de facto relationship, whether long term or short term, you have similar rights to a married couple. More of us are choosing to enter into or stay in long-term relationships without getting married. In recent years, Australia has broadened the meaning of de facto relationships significantly, including recognising same-sex couples as de facto couples in property settlements. A De facto relationship is essentially a marriage-like relationship where both parties have a relationship involving living together on a domestic basis without being married. De facto relationships are common in Australia. They are often entered into after years of dating or cohabitation. The couple usually lives together and have a domestic relationship which may include having children together, a shared financial responsibility and have mutual commitment to the shared living arrangements and care arrangements. De Facto Relationship vs Marriage De facto couples are now treated in the same way as married couples. Since 1 March 2009 de facto couples are now treated in the same way as married couples for the purposes of a division of their property after a separation and their matters are now heard in the Family Court and Federal Circuit Court. You are in a de facto relationship if: You and your partner are not married; You are not family-related; and You are a genuine couple, living together on an indefinite basis. What does this mean for you if you are contemplating either entering into a de facto relationship or are looking to separate after having been in a de facto relationship? Well, there can be a more intense focus on the relationship itself where your partner may deny the relationship existed or perhaps disputes the length of the relationship. Alternatively, you may have found yourself in a brief casual relationship with an ex-partner who is attempting to claim for a financial settlement. In determining the legitimacy of your relationship in order to finalise a property settlement, the court may wish to evaluate some or all of the following: When you and your partner commenced the relationship The nature of your living situation; The capacity to financially and emotionally support each other; Whether or not you appear to be a continuing genuine couple; If there is a sexual relationship Whether your relationship is legally registered under state legislation in Australia; and/or If there are dependent children involved We are here to help you if your de facto relationship breaks down. We have expertise in understanding how the Court’s “checklist” of relevant factors applies to your particular circumstances. To view all our family law services please browse this website. First Steps To Take In De Facto Relationship Separation If you are thinking about separating from your de facto partner, our de facto lawyers can help guide you through this process. Whether there are children involved our lawyers will ensure that you have an ongoing relationship with your children or if it is a financial agreement you are seeking, we can help ensure you have positive financial arrangements with your former partner. If you can’t agree with your former de facto partner about the date you separated, you should prepare to get written proof of that date as it may help you if you are in a dispute later on. The following factors are taken into account when determining whether you are separated or not: Do you live in the same bedroom or in a separate bedroom? Do you continue to have a sexual relationship or intimate relationship with your former partner? Do you continue to do home duties for each other like cooking, cleaning, washing, gardening or organizing groceries for each other? What are the financial aspects of your situation; do you continue to share finances like paying for utilities, groceries, car expenses, clothes? Do you have financial dependence as a couple? Do you continue to go out as a couple? For example, are you still going out to family and friend gatherings as a couple? Did you declare yourself separated to government agencies such as Centrelink or the Australian Taxation Office? Do you still share household expenses and household chores?

When It’s Time To Go Separate Ways You may be thinking about divorce, but you are probably wondering how it works and what you must do to prepare yourself. You’re not alone if you’re worried about how you’ll handle the situation. Divorce is a difficult time in any person’s life. Not only are you dealing with the emotional toll of ending a relationship, but there are also many legal issues to consider. This is where divorce lawyers come in. They can provide practical legal advice and guidance to help you navigate the divorce process. That is why O’Loan Family Law is here for you and your interests. At O’Loan Family law, we understand that dealing with a divorce can be stressful, especially when unsure of what to expect. So we’re here to help and provide you with quality service regarding your individual situation. As divorce lawyers in Sydney, we’ll walk you through the process step by step, helping you figure out what to do and how to deal with each stage of the process. From filing paperwork to negotiating settlement terms, we’ll guide you through everything so you feel confident and prepared throughout the process. And since we’re based in Sydney, we know the ins and outs of the legal system here. Whether you live in Sydney or elsewhere in Australia, we can help you navigate the court system and ensure you get the outcome you deserve. So, if this is an overwhelming experience for you or you are unsure about how to move forward with the challenges of separation, please feel free to contact us for a complimentary call. We would like to discuss your options and work out the next best steps in your family law matter. What Is Divorce? Divorce is a legal procedure where two spouses decide to separate their relationship following the dissolution of marriage. The couple then files a petition in court requesting permission to dissolve their marriage. This is done through a formal hearing called a trial. If both parties agree to the dissolution, they sign a decree absolute document. In Australia, the law allows couples who live together for at least 12 months to apply for a divorce. There are three types of divorces. Uncontested: An uncontested divorce means the couple agrees to the divorce terms without going to court. Contested: A contested divorce means the husband or wife files a petition against the other party. No contest: No contest divorce means neither spouse wants to pursue the case further. Divorce can be expensive and stressful. It takes time and effort to get divorced. Before filing for divorce, you should consider very seriously whether you want to stay married or split up. Requirements For Obtaining A Divorce In NSW In New South Wales, Australia, there are certain requirements that must be met before a divorce can be granted. The first step in obtaining a divorce is to complete a divorce application, which can be done jointly or by way of a sole application. Some of them are: Evidence Of A Valid Marriage To prove your marriage in Australia, you must provide evidence such as a copy of your marriage certificate, birth certificates for both parties, and proof of residence. The court also requires a letter from the registrar stating that you were married at the registry office. Evidence Of 12 Months Of Separation One of the key requirements for a divorce is a 12-month separation period, during which the parties must have lived separately and apart. If you’re having this problem, we recommend you contact an experienced attorney for legal guidance. What Are Common Misconceptions About Divorce? These are some common misconceptions about divorces that our divorce lawyers in North Sydney answer or clarify on a regular basis. Divorce rates in Australia have increased over the last decade. In 2016, around 50% of marriages ended in divorce or separation. This has led to a rise in the number of divorces being contested in court. There are several myths surrounding divorce in Australia. Some of these include: The cost of divorce is high There is no financial support during the divorce process I will lose my children Divorcing couples cannot remarry My ex-spouse will take everything How To Apply For Divorce Divorce proceedings can be complex and time-consuming. A divorce lawyer can help you navigate this process and ensure that all legal requirements are met. They can also help you complete the necessary paperwork, including an application for divorce and the marriage certificate. The grounds for divorce are based on the irretrievable breakdown of a marriage, which can be demonstrated through factors such as separation, family breakdown, and family law mediation. In cases where there are children involved, the court must also be satisfied that adequate care arrangements have been made for the child’s care and that the child is not at risk of harm. In some cases, parties may choose to submit a joint application for divorce if they can agree on the terms of their separation. This can lead to more favourable outcomes for both parties, as it can reduce the time, expense, and stress associated with a contested divorce. Once a divorce is granted, it becomes a binding document that dissolves the marriage and frees both parties to remarry if they choose to do so. Annulment of marriage is granted when the marriage is invalid due to fraud, bigamy, incest, or cruelty. They are also granted when a spouse dies before the marriage ends. You must prove that the marriage was entered into under false pretenses to obtain an annulment of marriage. There are four main reasons why marriages may be declared void: Fraud – When one party enters into a marriage contract with another, knowing that he/she does not intend to fulfil his/her obligations. For instance, if a man marries a woman only to divorce her later. Bigamy – When a couple gets married, but both parties are legally married to someone else. Incest – When a parent marries his/her child. Cruelty – When one partner treats the other so badly that it causes him/her mental anguish. You can find out if you qualify for an annulment by contacting the court in which you were married.

O'Loan Family Law provides comprehensive legal support in family law matters, including divorce, separation, and financial separation. Their team assists clients with navigating property settlements, child custody arrangements, parenting plans, and child support, ensuring that clients’ interests are effectively represented throughout the process. They also offer guidance on parenting coordination and collaborative family law to foster amicable resolutions where possible. Additionally, they handle consent orders, de facto relationship issues, and spousal maintenance, providing practical solutions tailored to the unique circumstances of each family.

Financial Separation – Dividing Property & Finances From Spouse Financial separation is a process of dividing property and finances from your spouse or partner. This can be done by mutual financial agreement, court order from the Family Court of Australia, or through uncontested divorce agreements. The goal of financial separation through a financial agreement is to protect yourself and your children from abuse, fraud, and other harmful situations that could arise if you were still married. If you are going through a contested divorce, it may not be possible for the two of you to agree on how to divide up your assets. In these cases, you must go before a judicial officer at the Family Court who will decide what happens with your financial assets. Difference Between Separation And Divorce In Australia, separation and divorce are two separate legal processes. While both end a relationship or marriage, separation is different from divorce in that it does not require a formal procedure. Separation is a way for couples to dissolve a marriage legally without going through a formal divorce process. The purpose of separation is to allow couples to live apart from each other until they decide to reconcile. On the other hand, if you want to get divorced, you need to submit a divorce application and go through a court hearing. What Is Financial Separation? Financial separation is a legal term used to describe the division of joint assets between spouses during a divorce or other family law proceedings. It is typically considered after a couple has separated. Financial separation is essential to protect both parties from abusive or fraudulent situations. In case of contested divorce, a judge decides on the division of the asset pool. There are pros and cons to financial separation. Some pros are that you can save money by not paying for your spouse’s credit card debt and not having to pay alimony or child support or child maintenance if you get divorced. Some cons are that if you are in an abusive relationship, you may be forced into a divorce, your spouse could still claim that he or she was financially responsible for raising your children, and it can be challenging to find good jobs when you are unemployed. Pros And Cons Of Financial Separation: Pros: You can save money by not paying for your spouse’s credit card debt You do not have to pay alimony or child support if you get divorced You can maintain your own credit rating and avoid financial ruin if your partner is in financial trouble You have the ability to manage your own finances and make financial decisions independently You can avoid the possibility of inheriting your partner’s debt Cons: If you are in an abusive relationship, you may be forced into a divorce Your spouse could still claim that he or she was financially responsible for raising your children It can be challenging to find good jobs when you are unemployed You may have to pay more taxes if you are not married Update Your Accounts, Will, And Super When getting a financial separation, three things need immediate attention: updating your accounts, updating your will, and updating your superannuation fund. When getting a financial separation, three things need immediate attention: updating your accounts, updating your will, and updating your superannuation fund. Check your bank account statements to ensure that you haven’t been charged any fees while you’ve been separated, and contact the bank to reverse these charges if necessary. It’s also essential to keep track of your investment portfolio, sell some investments or transfer them into your new name if you move from one home to another. Additionally, update your insurance policies, including life, car, and health insurance. Divide Your Property And Assets Valuation is the process of determining the value of something. When dividing property and assets, it’s best to use an independent accountant or lawyer. It’s crucial to consider everything you own, including your home, cars, furniture, appliances, jewellery, investments, retirement accounts, bank accounts, business interests, and liabilities such as mortgages, student loans, credit card debt, car payments, medical bills, etc. What If You Agree On How To Divide Property And Assets? There are two types of agreements that can be made in financial separation: Informal Financial Separation Agreement (IFSA) and Legal Financial Separation Agreement. An IFSA is a contract between two parties who wish to separate their finances without going through a formal legal proceeding. On the other hand, a Legal Financial Separation Agreement is legally binding and requires a lawyer’s assistance. It’s crucial to seek legal advice to avoid making mistakes that may cause problems in the future. Financial separation is a crucial process that requires attention to detail and legal advice. Protecting yourself and your assets should be the top priority when going through a financial separation. With proper preparation, you can ensure that you are not left with a financial burden after a separation or divorce. Informal Financial Separation Agreement: If you agree on how to divide property and assets, it can make the separation process much smoother and quicker. An informal agreement can be made between the two parties without the need for legal proceedings. This is known as an informal financial separation agreement (IFSA). This type of agreement allows both parties to retain control over their assets without the need to go to court. An informal financial separation agreement (IFSA) is a contract between two parties who wish to separate their finances from each other. The IFSA allows both parties to retain control over their assets without going through a formal legal proceeding. A lawyer usually drafts an IFSA, but it does not require a lawyer. If you are considering filing for a divorce, then you should consider using an IFSA instead of going through a court case. Legal Financial Separation Agreement: A legal financial separation agreement is a formal contract that divides the property and assets of a married couple who have decided to separate. Unlike an IFSA, a legal financial separation agreement is legally binding and enforceable by a court of law. It’s important to consult with a family law expert before signing a legal financial separation agreement. This is because once you’ve signed the agreement, it’s difficult to undo or modify the terms without the consent of both parties or a court order. In some cases, parties may agree to a financial separation agreement without fully understanding the legal implications of the terms. For example, if one party agrees to pay child support, they may assume that they are agreeing to pay it forever. However, if circumstances change and the parties reconcile or the children reach a certain age, the child support obligation may end or be modified. It’s important to work with an experienced family law attorney who can advise you on the legal implications of the agreement and ensure that your rights and interests are protected. What If I Disagree About How To Divide Property And Assets? Disagreements over the division of property and assets can be a challenging issue to resolve, and it’s not uncommon for ex-partners to be unable to reach a mutual agreement. In this case, there are several options available to resolve the dispute. Couples can try mediation, where a neutral third party helps facilitate communication and negotiations between the parties. Another option is to seek the assistance of a collaborative lawyer who can work with both parties to find a solution. If these options do not work, the case may have to be taken to court, where a judge will decide on the division of assets. It’s essential to seek legal advice when faced with this situation to ensure that you understand your rights and obligations under the law. What You Can Expect From O'Loan Family Law Regarding Financial Separation In Australia If you’ve decided that the best thing to do for your wellbeing and that of your children is to file for a divorce, we assist in providing advice so that the financial separation from your spouse is as quick and cost-effective as possible. These are some of the services we offer: Financial Separation Advice: If you’re looking to formalise your separation or are having trouble reaching an agreement, we help expedite the process so that you can save time and money. Our consultations include giving guidance regarding the practicalities of your relationship breakdown such as property and financial division, maintenance, parenting and child support. We’ll help you formulate proposals, assist in responding to them and negotiate on your behalf. If needed, we can refer you to counsellors, mediators, valuers and other experts. DIY Separation Service: Although not all cases are straightforward, this option is ideal in instances where both parties have decided that they want a separation and have agreed on the terms. Where the application for divorce is joint, we assist in its preparation, issue the paperwork to you and spouse for signing, file the application in the Federal Circuit and Family Court of Australia and send you a copy of the divorce order when received from the court. Sole Divorce Application: If, on the other hand, you require a sole divorce application, we include the service of issuing the application to your spouse and attending the court hearing if required. Depending on your situation, you may also need our DIY option for an application for consent orders regarding property and parenting agreements where we collect the necessary information, prepare the draft application, and commit to minor changes where required. Following these steps is where you and your former partner sign the application, court filing, and you obtain a copy of a court order. Binding Financial Agreement: The last of the ‘Do It Yourself’ choices is the processing of your binding financial agreement (‘BFA’). We can advise you as to whether a BFA is more suitable for you in your particular circumstances. After preparing the draft BFA, we allow for minor changes, serve a copy of the draft to your former partner (or their lawyer), offer advice on relevant laws and arrange for signing by both parties. In conclusion to these steps, it’s a requirement that the BFA is signed to confirm that we have given you advice. This is also the case for your former partner. Clear Steps: We offer a process where you know what to expect from the outset and communicate the legalities involved in a way that’s easy to understand. The first phase of our separation services is to conduct a conflict check to ensure that haven’t previously advised your former partner. Following this step is a complementary 15-minute introductory call where we introduce ourselves to you and establish your current situation and what the desired result is. The next phase is the initial consultation, where we go into the details of your case to determine the best way forward regarding property issues and parenting. We then offer advice on how to resolve matters and tailor make a strategy suited to your circumstances. Throughout your separation journey, we keep you informed of the progress of your case and offer support. The last step is resolution, where ideally, we seek to settle without going to court.

The Traditional Family Law Pathway Consists Of 5 Main Stages These stages are designed to get you from ‘separated’ to ‘settled’. We focus on helping you to get clear on your future goals and and setting out a plan to move forward. Stage 1: Set Your Plan Set your plan for your separation and work out your future life goals after you’re done with all the legal stuff. Stage 2: Gather Information We help you to gather the information and data you need to be able to consider your options and make the right decision about your future. We do this efficiently and as pain-free as possible by using technology, leaving you free to focus on your future goals. Stage 3: Build A Settlement Proposal Next, we help you to build your settlement proposal, to help you and your former partner to reach an agreement. Stage 4: Decide On A Pathway If an agreement can’t be reached or if your former partner is making things difficult, we will then help you to find a solution using one or a mix of the following legal pathways: Negotiation Mediation Arbitration Litigation (going to court) Stage 5: Find Your Outcome And You’re Done The last step is where you find your outcome and your settlement documents are finalised to enable you to move on and live your best life. What Are My Next Steps? Step 1 Get in touch with us here and organise an initial consultation. You can choose for your initial consultation. to be by telephone, You can choose for your initial consultation to be by telephone, video conference or in person. The cost of this initial consultation is $550 (incl GST) and you should set aside around 1 ½ hours for it so that we can take some time to explore the best separation pathway for you and your family. Rest assured, you will leave this first meeting with a clear plan to be able to move forward with your life. Step 2 Based on your situation and your timeframe to get things started, we will send you a Costs Agreement that clearly sets out your fee estimate . Step 3 Using our 5 step process, we help you work towards reaching a settlement with your former partner. If settlement can’t be reached, we support you in commencing court proceedings. Who Is Traditional Family Law Good For? This pathway is good for all families experiencing separation and divorce. It is also a helpful pathway if you are worried about your safety and/or getting access to your former partner’s information. You should consider using Traditional Family Law if there are urgent issues to take into consideration. Who Is Traditional Family Law Not Good For? Traditional Family Law offers a solution for all families. However, if you and your former partner have already agreed on next steps or where you are both transparent in your financial positions, we encourage you to consider the Collaborative process or our Assisted DIY Separation Agreement service. Book Your Free Phone Consultation Take advantage of our free, no-obligation 15-minute telephone consultation with an experienced family lawyer to discuss your situation, find out what your options are & make a plan on what to do next.

Our Property Settlement Lawyers Are Here To Guide You Through Separation Or Divorce After divorce, most people are concerned about protecting their assets. Property settlement lawyers can help protect your interests while dividing your marital estate, protecting your retirement assets, and property rights. Going through a divorce is a challenging and emotionally taxing process, and one of the most difficult aspects of a divorce settlement is the division of property. Property settlements can be complicated by many factors, including legal issues and tax implications. It is important to choose a lawyer who understands the law and knows how to negotiate effectively. O’Loan Family Law are experienced negotiators who can help you reach fair agreements regarding your property division. The sooner you hire a lawyer, the better off you will be. If you wait until the last minute, you could lose valuable rights to your property. Contact O’Loan Family Law today to learn more about our services and receive legal advice from our experienced family lawyers. In this article, we will explore some of the challenges of property division and how to navigate them during a divorce settlement. What Is A Property Settlement? The term ‘property settlement’ refers to the division of assets between spouses after divorce or separation. In some countries, such as Australia, the law requires that both parties agree to the terms before they can be finalised. Property settlements are usually divided into two parts: alimony (also known as spousal maintenance) and child support. Alimony payments are paid to the former spouse until he/she remarries or dies. This usually occurs in circumstances where a spouse cannot adequately support themselves. Child support is paid to the children until they reach adulthood. What Should Be Divided? If you are going through a divorce, you might wonder whether you should split your property equally between both parties or give each party their share. This decision depends on several factors, such as the length of the marriage, the children involved, and other financial obligations. Divorce is never fun, but the division of property can be even harder. Sometimes, you may want to consider giving your ex-spouse less than 50% of your total assets. This is because you may be unable to afford the cost of living without assistance. The Court generally looks at the total pool of marital assets and then determines each party’s entitlement. An experience property settlement lawyer in Sydney can help present your case in a way that protects your best interests. Negotiating A Property Settlement In case of a divorce, the couple involved might face some challenges in dividing their assets. The main reason behind this is that they don’t know much about the legalities associated with such transactions. This makes them vulnerable to being cheated out of their rightful share. The legal system has evolved over time to provide a fair outcome for both parties. In some instances, however, the court cannot award full ownership of assets or debts to either party. This means that the couple must come to an agreement themselves. Divorce is a complex issue that requires careful consideration. If you want to ensure that you receive a fair share of your ex-spouse’s assets, you should consult a lawyer specialising in family law. They will guide you through the process and advise you on the best way forward. Property Settlement For Married Couples Explain Property Settlement laws & requirements for married couples The court can make orders regarding the property of a married couple either before a divorce or following a divorce. A party to a former marriage will need to receive the appropriate legal advice before the 12-month time limit after their divorce. Property Settlement For De Facto Relationships Explain Property Settlement laws & requirements for defacto relationships The Family Law Act (1975) states there is a time limit for a party of a defacto relationship to bring an application for a property settlement, which is two years within the end of the relationship. An experienced property settlement lawyer can guide you through this process to achieve an equitable outcome. The steps to a property settlement under the Family Law Act: Determining The Asset Pool This step involves what assets you own jointly and individually. This includes all the real property and intangible property such as real estate, investment properties, current assets, bank accounts, liabilities and financial resources of the parties. Other types of assets will need to be considered such as retirement benefits and pension plan. When deciding on the division of real property, couples may need to decide whether to sell the property or have one spouse buy out the other’s shares. Assess The Contributions Made By Each Party The second step involves assessing the contributions that party has made to the relationship. This includes the financial contributions such as income and inheritances. Other contributions that are assessed include non-financial contributions such caring arrangements for children or maintain the family home. Assess The Future Needs Of Each Of The Parties Each party is assessed by their individual circumstances and their future needs both financially and non-financially. This depends on the financial situation of each party, age, health. Determining Whether The Proposed Decision Is An Equitable Division The final step is to evaluate the overall outcome of the proprerty settlement and ensure that is a fair outcome. This step of the property settlement process considers factors such as taxation, legal costs and feasibility of the proposed arrangements.

Helping Families To Amicably Create Child Custody Arrangements O’Loan Family Law helps parents by ensuring they have appropriate child custody arrangements and parenting arrangement in place. This is so that their child has a safe and secure environment where they can grow and develop. These common arrangements help ensure that both parties are able to have a role in their child’s life. It provides a structure for how the child will spend time with each parent and how decisions will be made about the child’s care. It can also help reduce conflict between the parents by establishing clear expectations and boundaries or protect the child from any potential harm that may come from conflict over custody. We’re committed to helping families achieve positive outcomes and we’re dedicated to providing high-quality legal advice and support throughout the entire child custody process. If you’d like more information from our child custody arrangement lawyers, please contact us today! Child Custody Arrangements decide who has custody of the child. The courts evaluate the bests interests of the child as the paramount consideration. The family law system in Australia is based on the understanding of parent responsibility instead of the traditional concept of ‘custody’ of a parent. If you require advice on your child custody matters, we are here to help. Child custody arrangements will help you decide on a parenting arrangement plan to allocate amounts of time and with each parent and resolve parenting disputes. Common Types Of Child Custody Arrangements There are different types of child custody arrangements and which avenue will be best for you will depend on your child custody disagreements. Different types of custody schedules can affect families and the child’s future differently. If you need any advice on child custody options, please contact our firm and our Sydney child custody lawyers will be able to assist you. Joint Custody A joint custody arrangement generally occurs when the parents live in different places, so the children live in between them each week based on child custody schedules. The children generally have equal time with each parent. Depending on the situation, this option provides the benefit of children and parents as there is an increased time between parents and creates strong communication channels. The children would mean there is the benefit of children having consistency and parents will make joint decisions. This level of contact would depend on if there are any allegations of family violence against a parent. Joint custody can look like your child spending time with you or your ex-partner on an alternate weekend. Sole Custody In sole custody, the child will reside at one parent’s address, the primary parent, full time. In most cases, the non-custodial parent will be given time with children by way of visitation rights, usually with sleepover privileges. If a parent has sole custody, then they play an active role in all major life decisions about decision about schooling, parenting expenses, religious upbringing, and moral development. The clearest reason for sole custody is if the child faces a risk of harm, a parent facing substance abuse, and family violence. Joint custody agreement examples include: Alternating weeks Alternating weeks with mid-week visit Alternating weeks with a midweek overnight One parent has the child during the school holidays while the other parent has the child during the school term Full Custody Full custody is the same as sole custody. Split Custody Split custody is an agreement that allows the children in a family to be split up, with some children living with each parent. Split custody allows visitation time with the children for the parent who does not live with them. This is different to joint custody when the children will live together, but in between each parent. Legal Custody Legal custody involves the decision of which parent has the legal custody of the child. This means that this parent has the legal right to make major decisions regarding matters that relate to that child. Physical Custody Physical custody involves the decision where the child will primarily live with one person. Physical custody can be single or joint. Child Custody Arrangement Schedules By Age A child custody arrangement schedule is generally structured in 5 tiers 0-1 years old: the child spends frequent time with the non-primary carer 1-2 years old: the child spends longer time with the non-primary carer in a given time 2-3 years old: the child starts doing one overnight per week with the non-primary carer 3-4 years old: the child starts doing 2-3 overnights with the non-primary care 5 years and up: At this point, the child is of school age. The child can start doing 4-7 consecutive nights with the non-primary carer The most common child custody arrangements is known as substantial and significant time. This means that one child lives with one parent and then spends around 3 – 5 nights a fortnight with the other parent. Equal and shared parental responsibility means that each parent has balanced parenting responsibilities making the day to day decisions as well as major long term issues. Process For Making The Best Child Custody Arrangements The Court will always consider the best interest of the child in making child custody arrangements. Things To Consider For Child Custody Arrangements There are no strict rules about how parents should make an agreement to care for a child after separation. However, here are some things that parents should consider: the age of the child, domestic violence and family violence allegations, If there are any medical issues, cultural matters pertaining to the child, educational needs, and practical considerations. Deciding Children’s Best Interests The Court will always evaluate the child’s best interests as the paramount consideration in determining whether and which parent will have regular contact and frequent contact on a personalised basis. The court will evaluate several factors such as: The home environment that each parent offers and the ability for the parent to have a meaningful relationship, The risk of psychological harm and child abuse, The ability of each parent to have a meaningful involvement. Parenting Plans A parenting plan is a parenting agreement over your parenting matter where family lawyers help you create a parenting schedule that works around any parenting issues and complex issues that you have with your ex-partner. Family law advice is integral to making a parenting plan and maintaining an amicable relationship with your child and ex-partner. Having an agreement in writing is important to ensure parenting arrangements are effective. A parenting plan can cover the following primary considerations: who the child will live with including the primary residence, how and when the child will spend with each parent, who pays for medical treatment, how everyday expenses will be covered, the child’s cultural or religious needs, special occasions arrangements, when the child will see extended family, if there is a weekend parent, who the primary parent during school holiday is, which parent will pay for medical care, If one parent will have exclusive responsibility, who picks up your child from school, If child support payments are an option and the level of child support. Parenting Orders Parenting orders gives one or both parents the authority to make a decision about arrangements for children and major long-term decisions. This includes decisions like what the children will do during the school holidays, extra-curricular activities and daily routine. Parenting orders also highlight the responsibilities in relation to the child. Parents are obliged to do everything a parenting order says. The order remains in force until a new parenting order comes into play. A family court parenting order can be obtained by consent or by court order in the family law courts. Child Custody Agreements A child custody agreement is similar to a parenting plan. The child custody agreement generally looks at parenting time, meaning which parent will take care of the child for a majority of the time. The parenting plan determines specifically when each parent will spend time with the children and where. Consent Orders Consent orders are the orders made by the Federal Circuit and Family Court of Australia by the consent of you and your ex-partner, without the need for court proceedings. If you and your ex-partner can reach an amicable agreement about future arrangements, then you should seek advice from a lawyer about a consent order. You will need to consider financial contributions from you and your ex-partner, inheritances, and non-financial contributions, A parenting order is a set of orders made by a court about care arrangements for a child. This binding and enforceable agreement. You can apply to the court for a parenting order to be made by agreement. These are called consent orders. Applying For A Consent Order Information is available on the Federal Circuit and Family Court of Australia website. The FCFOA has a Consent Orders Kit that provides the step-by step instructions to seeking Consent Orders. The main steps involved are: Fill in the orders you seek to in a proposed orders by consent Complete the Application for Consent Orders in the kit below Sign every page Ensure to complete the Statements of Truth File the application on the Commonwealth Courts Portal For more information on the consent order document and procedure, please find this link: Application for Consent Orders (fcfcoa.gov.au) Get Legal Support Legal advice is essential throughout the divorce process. Whether it’s related to child custody, parenting arrangements, or financial matters, a divorce lawyer will have a wealth of knowledge and can provide you with the legal guidance you need. O’Loan Family Law’ legal services can help you understand the legal terms and procedures involved in divorce proceedings and address any of your legal concerns and major issues. We have extensive experience to provide you with advice about marriage breakdown and provide you with a pleasing outcome. Our highly experienced lawyers will help you through this difficult period with compassion and care. Get in contact with our child custody arrangement specialists in Sydney, if you would like to schedule in a complimentary 15-minute phone consultation.

Our Property Settlement Lawyers Are Here To Guide You Through Separation Or Divorce After divorce, most people are concerned about protecting their assets. Property settlement lawyers can help protect your interests while dividing your marital estate, protecting your retirement assets, and property rights. Going through a divorce is a challenging and emotionally taxing process, and one of the most difficult aspects of a divorce settlement is the division of property. Property settlements can be complicated by many factors, including legal issues and tax implications. It is important to choose a lawyer who understands the law and knows how to negotiate effectively. O’Loan Family Law are experienced negotiators who can help you reach fair agreements regarding your property division. The sooner you hire a lawyer, the better off you will be. If you wait until the last minute, you could lose valuable rights to your property. Contact O’Loan Family Law today to learn more about our services and receive legal advice from our experienced family lawyers. In this article, we will explore some of the challenges of property division and how to navigate them during a divorce settlement. What Is A Property Settlement? The term ‘property settlement’ refers to the division of assets between spouses after divorce or separation. In some countries, such as Australia, the law requires that both parties agree to the terms before they can be finalised. Property settlements are usually divided into two parts: alimony (also known as spousal maintenance) and child support. Alimony payments are paid to the former spouse until he/she remarries or dies. This usually occurs in circumstances where a spouse cannot adequately support themselves. Child support is paid to the children until they reach adulthood. What Should Be Divided? If you are going through a divorce, you might wonder whether you should split your property equally between both parties or give each party their share. This decision depends on several factors, such as the length of the marriage, the children involved, and other financial obligations. Divorce is never fun, but the division of property can be even harder. Sometimes, you may want to consider giving your ex-spouse less than 50% of your total assets. This is because you may be unable to afford the cost of living without assistance. The Court generally looks at the total pool of marital assets and then determines each party’s entitlement. An experience property settlement lawyer in Sydney can help present your case in a way that protects your best interests. Negotiating A Property Settlement In case of a divorce, the couple involved might face some challenges in dividing their assets. The main reason behind this is that they don’t know much about the legalities associated with such transactions. This makes them vulnerable to being cheated out of their rightful share. The legal system has evolved over time to provide a fair outcome for both parties. In some instances, however, the court cannot award full ownership of assets or debts to either party. This means that the couple must come to an agreement themselves. Divorce is a complex issue that requires careful consideration. If you want to ensure that you receive a fair share of your ex-spouse’s assets, you should consult a lawyer specialising in family law. They will guide you through the process and advise you on the best way forward. Property Settlement For Married Couples Explain Property Settlement laws & requirements for married couples The court can make orders regarding the property of a married couple either before a divorce or following a divorce. A party to a former marriage will need to receive the appropriate legal advice before the 12-month time limit after their divorce. Property Settlement For De Facto Relationships Explain Property Settlement laws & requirements for defacto relationships The Family Law Act (1975) states there is a time limit for a party of a defacto relationship to bring an application for a property settlement, which is two years within the end of the relationship. An experienced property settlement lawyer can guide you through this process to achieve an equitable outcome. The steps to a property settlement under the Family Law Act: Determining The Asset Pool This step involves what assets you own jointly and individually. This includes all the real property and intangible property such as real estate, investment properties, current assets, bank accounts, liabilities and financial resources of the parties. Other types of assets will need to be considered such as retirement benefits and pension plan. When deciding on the division of real property, couples may need to decide whether to sell the property or have one spouse buy out the other’s shares. Assess The Contributions Made By Each Party The second step involves assessing the contributions that party has made to the relationship. This includes the financial contributions such as income and inheritances. Other contributions that are assessed include non-financial contributions such caring arrangements for children or maintain the family home. Assess The Future Needs Of Each Of The Parties Each party is assessed by their individual circumstances and their future needs both financially and non-financially. This depends on the financial situation of each party, age, health. Determining Whether The Proposed Decision Is An Equitable Division The final step is to evaluate the overall outcome of the proprerty settlement and ensure that is a fair outcome. This step of the property settlement process considers factors such as taxation, legal costs and feasibility of the proposed arrangements.