Court lawyers Werribee can provide assistance for all your family law needs. They can help determine the correct value of assets so they can be divided accordingly and arrange independent valuations on properties so you receive what is owed to you. Furthermore, they offer prenuptial agreements services.
Child Custody
Child custody is one of the key considerations when going through a divorce, as its outcome determines how much time each parent will spend with their children post-divorce. Many times parents can come together through mediation or their attorneys to reach an amicable solution on this front.
Legal custody refers to the right of parents or legal guardians to make decisions for a child's healthcare, education, religious upbringing, and other significant aspects of his or her life. Most courts award joint legal custody; in this situation both parents share equal rights and responsibilities in making these important decisions together; however in certain cases sole legal custody may be awarded solely to one party.
Physical custody (also referred to as residential custody) refers to where a child will live on an ongoing basis. Courts award either joint physical custody or sole physical custody according to what is best for each individual child and will typically grant noncustodial parents an opportunity to spend regular time with their offspring.
Property Division
Property division refers to the act of dividing up marital assets upon divorce either through agreement or court decree, with identification, classification, valuation and distribution taking place simultaneously. Assets typically include real estate, bank accounts, investments and retirement accounts as well as business interests including livestock, artwork vehicles collectibles furniture debt tax liens credit cards loans against pensions among many others.
Division of property can be an intricate process that depends on state law. Some states use equitable distribution, while nine community property states use community property rules instead. Assets acquired during marriages generally fall under marital property unless one or both spouses signed a prenuptial or postnuptial agreement to keep assets separate. Our team at Werribee Divorce Lawyer can assist in understanding your state-specific property division laws as well as arrange independent property valuations so all parties involved know exactly the value of assets involved.
Prenuptial Agreements
Financial issues play a large part in divorce proceedings, so many want to ensure they're financially protected should a divorce occur. A prenuptial agreement is a legal contract which details exactly what will happen with assets and finances during marriage - such as provision for spousal support payments or ownership rights to life or disability policies if applicable - however full disclosure must occur on both sides for it to remain valid; any failure could invalidate it completely.
Prenups can change the rules of community property by creating separate property; allocating assets according to a formula or schedule; and waiving or restricting alimony rights. They cannot, however, set child custody or visitation arrangements or support awards for current or future children - these issues must be decided by a judge after reviewing all relevant evidence and testimony, taking into consideration their best interests upon divorce.
Settlement Agreements
Darren Shapiro assists clients in reaching an amicable settlement agreement on matters such as child custody, parenting time and child and spousal support. It is imperative that all pertinent issues are discussed, so both parties understand what they are agreeing to.
Marital settlement agreements (also referred to as stipulations of settlement or marital termination agreements) are contracts signed between divorcing couples. They cover key issues in a divorce such as division of assets and debts, child custody arrangements and child/spousal support payments. Once approved by a judge, such an agreement becomes part of their final divorce judgment.
If both partners can come to an agreement about all of the terms of a divorce settlement agreement, it will make reaching a resolution easier without going to trial. Still, having your proposal reviewed by an experienced family lawyer to ensure all legal requirements have been fulfilled is recommended; settlement agreements can always be revised later if circumstances have changed significantly.
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