The question of child support or child maintenance is one that the Umbrella team deal with on a regular basis. There’s no doubt that separation and divorce is tough, particularly where children are involved. Understandably, the welfare of children is usually top of mind for most parents and that includes ensuring establishing financial arrangements that are fair for all parties. The advice of professionals who specialise in collaborative law and child support arrangements is invaluable at this time.
For many of us, the term ‘Prenuptial Agreement‘ brings to mind celebrity marriages and divorces. In Australia, we use the term ‘Binding Financial Agreement’ and it should be noted that they are not just for the rich and famous. A Binding Financial Agreement is legally enforceable and if you have assets that you wish to protect in the case of relationship breakdown, you may wish to consider making one.
When Australians voted to legalise same sex marriage, the definition of marriage under the Marriage Amendment (Definitions and Religious Freedoms) Act 2017, was redefined to read “the union of two people to the exclusion of all others, voluntarily entered into for life”. After many years of debate on 9 December 2017 , 61.6% of Australians voted to become the 25th country in the world to allow two people to marry with no definition or discrimination being applied on the basis of gender or sexuality.
For many of us, family memories are made during holiday times. The adventures we have with our family as children ourselves, then later as parents, are strong in our memories. Even if all didn’t go smoothly at the time (and even the best of holidays have their hiccups along the way!) most of us look back fondly at times shared on vacation with family members.
Gift giving at Christmas time and other occasions such as birthdays can be stress inducing at the best of times. If you’re a divorced or separated parent, chances are it is even more so. Although most people focus on what their children want or need, for some, present buying may be seen as an opportunity to play ‘favourite parent’ or score points against their ex.
We don’t wish to alarm you…. But Christmas is not far away! Although traditionally a time for happiness celebration, for some Christmas can be a time of great stress and sadness – particularly those who may be facing their first Christmas following separation or divorce. The Christmas period is usually a time where families come together, so the prospect of facing the festive season as a newly separated person and possibly not spending the day with children brings with it loneliness and a sense of loss.
It goes without saying that mental illness can put a lot of strain on a relationship. A diagnosis of mental illness may bring challenges and uncertainty and you might find that the dynamics and nature of your relationship with your partner changes. Alongside concerns for your partner’s wellbeing, you may also experience a sense of loss for the relationship you had.
A key part of the role of a collaborative family lawyer is to help parents to negotiate arrangements for the ongoing care and support of their children following separation. The process of determining child care and support arrangements used to be referred to as child custody but is now more correctly referred to as parenting arrangements.
Relationship breakdown is by its very nature, a stressful time for all involved. Seeking the expert advice of an experienced family lawyer can assist you to make sense of what can be a difficult and confusing situation. Family lawyers can help you deal with all aspects of relationship breakdown, including arrangements for the care of your children, financial support, division of property and legal dissolution of a relationship, eg. divorce.
Are you considering ending your relationship? Regardless of whether you are in a de facto or married relationship, in most cases, separation means a great deal of emotional turmoil coupled with a lot of questions around logistics and process.