Albury Wodonga Family Lawyers

Wodonga family lawyers must have the ability to explain complex legal matters clearly and possess excellent interpersonal skills so as to establish trust and build rapport with clients.

Hume Riverina CLS has successfully implemented a general outreach clinic at Wodonga FRC, leading to more family law dispute resolution practitioners (FDRPs) referring clients for assistance. You can locate your local CLC by visiting the National Association of Community Legal Centres website.
Divorce

Divorce can have a lasting impact on both parties, often prompting one or both to go through five stages of grief: denial, anger, bargaining depression and acceptance. Family lawyers specializing in divorce matters can provide vital assistance in working through these emotions and helping determine how best to move forward with proceedings.

Filing for divorce on grounds of irreconcilable differences, separation or extreme cruelty requires that you demonstrate both parties were aware of your plans to file and that all relevant court documents have been delivered and served accordingly.

Before heading into court, mediation may be an ideal alternative to going it alone. Your lawyer can refer you to a family relationship centre for this purpose or you could try co-mediation - where two mediators work collaboratively on certain issues - which is less commonly practiced but may help resolve some disputes more swiftly. Be sure to disclose all assets and debts before filing for divorce.
Child Custody

Child custody involves providing care and control of a child, whether physical (residence) or legal (decision making). Parents typically reach their own agreements on custody and access arrangements; if an agreement cannot be made between themselves and the court will make an order accordingly.

Courts typically grant shared legal custody to both parents, unless a judge determines otherwise. This ensures both have input into major decisions such as those regarding health and education; additionally, the court will set out a parenting time/visitation schedule detailing when each provides housing and care to their respective child(ren).

An array of factors may impact a court's custody and access decision, including age of children, nature of domestic violence incidents, whether one parent has had history with drug or alcohol abuse and any other pertinent considerations. A judge may also take into account what would best serve their child.
Property Settlements

Property settlement, more commonly known as divorce settlement, determines how a married or de-facto couple will divide their assets such as real estate, bank accounts, managed investments, shares, car assets, personal valuables such as art collections or antiques and family businesses as well as liabilities such as mortgages.

Couples can come to an agreement regarding property settlement at any point following separation; however, it is strongly encouraged they reach agreement within 12 months of filing for divorce. The Family Law Act offers a four-step method of calculating property settlement agreements which must satisfy a court as 'just and equitable'.

Emma Hill is a family law specialist at Tarella Law in Albury Wodonga who can assist in all aspects of your property settlement. She can offer clear and precise advice at the early stages to ensure a positive result; additionally she has an established litigating practice while remaining committed to client services.
Inheritance

Emma Hill has over 15 years of experience practicing family law. As an advocate for her clients, she works tirelessly towards the best outcomes through mediation, negotiation and litigation - from complex children's matters and property settlements to mediation, negotiation and litigation. Emma is part of the Albury Wodonga Family Law Pathways Network as well as practising both privately and on legal aid cases.

General consensus holds that inheritances are considered separate property; however, in Bishop & Bishop [2013] FamCAFC 138 the Full Court made clear that this category of asset should not be seen as protected and judges have wide latitude when considering inheritance in property settlement negotiations. If an inheritance comes later in a relationship it should likely be considered one factor among many when establishing who has what assets.

However, there may be exceptions; prenuptial and postnuptial agreements can have an impact on how an inheritance is treated when it comes time for property settlement.
Posted in Finance on January 25 at 06:35 AM

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