If you have separated from your partner and have care of the children from that relationship, you are, in most circumstances, able to apply for financial assistance from the other parent to contribute to the costs of raising those children, in the form of child support obligations. Child support stems from a fundamental principle that […]
Working in family separation In the daily work we do as family lawyers, we are reminded what an immense honour it is for a client to place their trust in us. This trust is many fold. Trust that we will do what’s best by steering them in the right direction, not making mountains out of […]
In other parts of the world, they call it “alimony”. In Australia, we call it “spousal maintenance” for married couples or “maintenance” for de facto couples. Spousal maintenance is money paid from one spouse to another to support them financially. It can be obtained by married couples either before or after a separation, or de […]
At Daykin Family Law, we are often contacted by couples asking for advice on the preparation of a prenuptial agreement or ‘prenup’. Prenup is a popular terminology, but actually refers to agreements taken prior to marriage in the USA and other countries. The equivalent of a prenup in Australia is known as a Binding Financial […]
When separation occurs, it can be difficult to know what you need and who to speak to. Let us explain what a binding financial agreement is and when it might be appropriate. What is a binding financial agreement? A binding financial agreement is a document that records an agreement as to the division of a […]
There is a misconception that a divorce will also resolve your property settlement with your ex-partner: It will not. Obtaining a divorce order will not give you finality in your financial relationship with each other. Divorce in Australia For divorce in Australia, parties must complete a divorce application and file it with the court. The […]
What is child support? Child support is a payment made by one or both parents to the other to assist in the cost of looking after children until they reach the age of 18 or complete high school. The Department of Human Services (DHS) utilises a formula to calculate how much child support you should […]
One of the first questions we are often asked by our business owner clients is what impact a separation is going to have. You spend years building an empire, whether it be large or small, and you are understandably anxious about how separation will effect what you’ve built and what the future holds. The first […]
When you sit down with your family lawyer at the first consultation, we are doing many things: • Gathering relevant facts • Discerning instructions • Identifying issues • Applying the law • Reality testing your instructions And something also vitally important. Forming a case strategy. In many matters that we deal with every day, there […]