There are many aspects of marital relationships that couples need to sort through when they decide to divorce. Irrespective of whether it’s an uncontested or a contested divorce, couples have to agree or accept the court’s decision on specific issues.
Therefore, it’s vital to know the four primary issues that couples must address in most divorces. Some may apply to your case, and others may not. However, understanding these issues can help you and your spouse to reach a fair agreement.
Division of Property
One aspect of divorces that people are familiar with is the division of property. In Sydney, all marital property, which includes assets and debts, must be divided according to the principle of equitable distribution. This division doesn’t necessarily mean equally, but, in the fairest way possible.
If you and your spouse are divorcing, you’ll have an opportunity to decide how to divide your marital properties. It’s best to have a list of each asset and debt and determine their values before the division process. It’s also advisable to work with family lawyers Media PA, who can assist with options for a fair settlement.
Spousal support is a payment one party makes to the other, to maintain the recipient’s standard of living. Also known as spousal maintenance, a spouse may only be entitled to such payment under certain conditions. If an income disparity exists between the couple or one party is unable to meet up with living expenses, spousal maintenance may be applicable.
The court will consider the marriage’s duration, the standard of living, and the finances of each party, before awarding an amount. In most cases, spousal support is temporal until the recipient’s financial status changes or they remarry.
Child Custody and Visitation
In divorce cases where there are minors, parents will have to sort out child custody and visitation issues. Two child custody arrangement types exist in Sydney: legal and physical. Legal custody involves the right to make decisions for the child. On the other hand, physical custody refers to the child’s living arrangements and a parent’s visitation rights.
Parents can agree on joint physical, joint legal, sole physical, or sole legal custody, as it best suits the child. Unlike property division, which is a one-time occurrence, or spousal support, which is temporal, child custody arrangements may last for a long time. Parents may need to work together and with family lawyer in Sydney NSW, to reach an appropriate decision.
Child support determination is essential as parents must make provisions for financial support towards their minor children. In most cases, this payment related to custody arrangements, and the custodial parent is usually the recipient of child support.
Sydney uses a child support guideline, which makes the child support determination less stressful. The law also considers certain factors when determining the amount for child support. Some of these factors include both parents’ income, the child’s needs and standard of living, and each parent’s expense toward the child.
In a significant number of divorces, four primary issues such as property division, spousal support, child custody, and child support may arise. Couples should reach an amicable agreement on these issues outside the court. If you’re currently considering a divorce and think it might be intricate, get in touch with family lawyers in Sydney.