Frequently Asked Questions
I am thinking of separating from my spouse/partner. Should I see a lawyer?
Yes, you should. The law that governs separations is complex. What you do and do not do around the time of separation can have a significant effect on your rights regarding your children, matrimonial property, child support and spousal maintenance.
I am thinking of getting married. How do I protect my wealth and the money I may inherit from my family?
You should sign a Financial Agreement (a prenuptial agreement). If the agreement is carefully and expertly drawn and it complies with a number of technical requirements set out in the Family Law Act 1975, then the Financial Agreement is binding and the Courts lose the power to make orders dividing the matrimonial assets following any separation. Financial Agreements can be signed after a couple marry and while they are happily married.
What are my rights as a parent?
All orders regarding children are subject to what is in the children's best interests. The Courts focus on the children's rights, rather than your rights. As a general rule, you are entitled to:
- Be involved in making decisions regarding the care and development of your child. For example you can have input into the child's education, choice of school, religion and extra curricular activities.
- Have your child in your care regularly and frequently.
- Communicate with your child frequently.
- Attend important functions such as school plays, parent-teacher interviews and sports days.
What are my entitlements to a property settlement?
The court divides matrimonial assets having regard to a large number of factors, including the financial contributions made by each party, the contributions made to rearing children made by each party, the domestic work completed by each party and the future financial needs of each party. It is relatively rare for matrimonial assets to be split 50% to each spouse. You should obtain expert advice regarding your entitlements to a share of the matrimonial assets.
Do I have to go to Court?
No you don't. In fact most cases are settled through negotiation and are not litigated. At Westminster Lawyers, we believe that litigation should generally be used as a measure of last resort. We generally use mediations or round table conferences to negotiate a settlement as quickly as possible.
