Family Law: Divorce and Seperation
Divorce and Separation Lawyers Brookvale, North Shore & Northern Beaches
Divorce and Separation information from Smallwoods Lawyers
Smallwoods Lawyers, based in Brookvale on Sydney’s Northern Beaches, has been providing advice on Family Law matters for over 40 years. When it comes to divorce and separation, family law is a legal mine field.
Divorce law dealings fact: A de facto relationship may exist even if the couple are together for less than two years, so speak with divorce solicitors on this issue
Sandra and Paul had been living together in a de facto relationship for 15 months. During that time, they had a child Stephen who was four months old when they separated. Note: as they were not married, there was no divorce.
Sandra had no assets but Paul owned a $1 million property with no mortgage.
Paul informed Sandra that he was willing to pay ongoing child support for Stephen of $1,500 a month and $500 a month to Sandra for her own maintenance for three years. Paul told Sandra she was not entitled to a property settlement because she had not made a major financial contribution and they had not been living together for two years.
Paul had substantial income. Sandra was not employed because she was caring for Stephen full time.
After seeking the services, advice and support of the Smallwoods Lawyers team at Brookvale on the Northern Beaches on this family law matter, our client Sandra received in addition to child support of $2,000 per month, lump sum maintenance for herself and a property settlement that enabled her to put funds aside, to move into a rental property, set up home for herself and Stephen, and retrain for employment.
The Family Law Act provides for property division that applies to de facto couples even if they have not been living together for two years in circumstances where there is a child of the relationship.
Family Court may order interim financial support pending final resolution of dispute
Jessica and Robert had been married for 18 years. They had two children over the age of 18 at the time of separation. Jessica moved into rental accommodation. Robert remained in their mortgage-free home.
They had assets of over $1.5 million, however, all the assets, other than a small bank account, were in Robert’s name. Robert told Jessica he intended to stay in the home for as long as he could and would not discuss a property settlement with her.
Jessica was forced to commence Court proceedings for a division of property. Due to long delays in the Court system and Robert’s lack of co-operation, after six months, Jessica was no closer to a property settlement.
Smallwoods Lawyers on Brookvale’s Northern Beaches initiated an urgent interim application to the Court on Jessica’s behalf as she had no income and no access to assets.
The Court ordered that Robert immediately pay Jessica a sum sufficient to cover 12 months rental and her past and future legal fees. This Order was by way of a lump sum spousal maintenance and partial property settlement in Jessica’s favour, which enabled Jessica to continue her Court proceedings and not be constrained by Robert’s refusal to negotiate.
What Happens To a Family Trust on Divorce? Ask a divorce lawyer
Patricia and Lewis had been married for 20 years. When they separated 12 months ago, their three children were aged 17, 15 and 13. Up until separation, Patricia had been a stay-at-home mother and housewife.
During the marriage, her husband Lewis set up and operated a Family Trust. He was the sole Trustee of the trust and the beneficiaries were Patricia, the three children and Lewis.
At the time they separated, the Trust had assets of over $2 million. Patricia felt that the Trust should be included in the division of assets. She faced two problems achieving this.
Lewis argued that the Trust assets should be kept intact for the benefit of the children in the future. Lewis was also the sole Trustee, which meant that the distribution of Trust funds were made at his discretion - effectively giving him ownership of the assets.
Patricia sort advice from Smallwoods Lawyers in Brookvale on the Northern Beaches. We succeeded in having the assets of the trust included in the Family Law property division.
Family Courts have determined, in various circumstances, if assets are held by a Trust where one of the parties is the sole Trustee, those assets will form part of the asset pool for division.
Divorce lawyers, Smallwoods Lawyers, assisting on the North Shore and Northern Beaches
Smallwoods Lawyers are based in Brookvale and provides advice on all things family law to customers throughout the Northern Beaches – from companies to individuals. They have clients in Pittwater suburbs such as Avalon, Newport, Palm Beach, Warriewood, Mona Vale and Narrabeen, as well as clients in southern peninsula suburbs like Belrose, Brookvale, Collaroy, Dee Why, and Manly and Manly Vale, as well as other surrounding suburbs in the region.
The specialist legal firm also covers the North Shore including Chatswood, St Leonards, Lane Cove, Artarmon, Cremorne, Mosman, Neutral Bay, Willoughby, Crows Nest and North Sydney, plus many more surrounding suburbs.
If you want quality advice on anything to do with divorce and separation legal dealings without the expense sometimes associated with city CBD lawyers and other lawyers around the Northern Beaches or North Shore, contact Smallwoods Lawyers today.