Caldicott Lawyers recognise that departing or altering a relationship can be a tense and highly emotional experience for all parties involved.
Our experienced family lawyers work hard to provide their clients with the advice and support they need in an efficient, sensitive and considerate manner. We understand that no two situations are the same and approach each case with complete individuality, so that you can feel confident that our team will successfully guide you through the process while protecting your rights.
Seeking the services of a reputable lawyer has the ability to reduce the stress of the separation process, as it allows an outside party to negotiate agreements that will satisfy all parties, therefore removing some of the emotional impact for the client.
If you wish to make an appointment to speak to one of our family lawyers, please contact our office on (08) 8110 7900.
Please note that our firm does not undertake legal aid matters in the area of family law. If you require legal aid assistance, please contact the Legal Services Commission of South Australia.
Our firm handles all matters in respect of all family law including:
Divorce / Separation
The process of separating can be extremely complicated, with many different factors coming in to play — not to mention the emotional stress that is taking place at the same time. In a time when you might feel least like it, you’re suddenly expected to make important decisions. The role of our family lawyers is to guide you in making the right decision in the long run, and removing some of the emotional challenges that can come with this process.
The family lawyers at Caldicott will act as a supportive party, there to act on your behalf to gain access to the things that are most important to you. In each situation, we’ll take the time to get to know you, your unique situation, and your goals and objectives before offering advice and assistance to gain the most positive outcome possible.
While our team will be acting on your behalf to negotiate the agreement of the separation, we want to make sure that you feel comfortable every step of the way — which is why we work to communicate every step and decision in a style that is easy to digest.
When a relationship comes to an end (whether it be through divorce or the ending of a de facto couple), at some point you’re going to have to work out the division of property. This settlement process can take months or years to reach, depending on how easy it is to find all your combined property, how straightforward the needs of each party is moving forward, and the willingness of both parties to reach a conclusion.
This process doesn’t just involve physical property like houses and cars, but also property such as loans, mortgages, and more.
Assets include, but are not limited to:
- Property holdings
- Share holdings
Liabilities include, but are not limited to:
- Student debts or credit card debts
- Child support fees
During this process, your family lawyer will work to establish the overall pool of property held in joint and individual names, and then create a fair split so that each party leaves with what they deserve based on what their contributions have been, and what their future needs might be.
The reason that all property is considered (not just joint property holdings) is because there are other financial factors to take into consideration — for example, the financial impact of one parent leaving full-time work to care for children or any additional government funded payments that are being received.
Children’s Matters and Custody Issues
The laws surrounding child support and custody disputes are all focused on ensuring the best possible outcome for the children involved in a separation or divorce — these laws exist to protect children and guarantee them the necessary financial assistance until they reach 18 years of age. No two families are the same and each case is approached with a completely unique view. The ultimate priority at all times is to reach the best outcome available for each child.
Our team is available to offer support, advice and guidance through this process, so that a fair and balanced outcome is reached. The family lawyers involved in each case are professionally trained to look at each situation objectively and without emotion, to ensure the best outcome is reached.
How does child support work?
Child support is a financial obligation from one parent to the other to help cover the costs associated with raising the children involved. Child support exists to ensure the fundamental necessities of providing for a child are covered, including the costs of food, housing, clothes, schooling and more. It can be almost impossible to predict what your child’s needs will be in the future however child support sets a firm baseline for what is expected.
Child support can be approached from a range of options. The parents can either:
- Reach a private agreement with the help of family lawyers, that covers all costs associated with the children involved.
- A court can make orders about the child support requirements.
- The Department of Human Services (DHS) can get involved and manage the assessment from start to finish.
When the DHS are involved, the first step is to apply for an assessment — this is something that our team of lawyers can help with. From there, the DHS will consider:
- Number of children
- Ages of children
- Income of each parent
- Time that children spend with each parent
- Expenses associated with each child, including schooling, medical, housing and more.
When two people separate and there are children involved, it can be exceptionally difficult to reach an agreement on how the children should be raised or what is in their best nature. The role of a family lawyer in custody negotiations is to look at all aspects of the situation and reach a fair agreement of who has primary responsibility for the children in question while also reducing conflict.
As a general rule under the Family Law Act, parents have equal and shared parental responsibility unless there is a good reason for giving one parent primary or sole responsibility (for example, a history of abuse or violence). Having parental responsibility means that that person is able to make decisions that will directly impact the child, such as school or medical treatment.
Our team will work to help your reach a private agreement and avoid going to court. This creates less emotional stress as well as saves time and money. However, if an agreement can not be reached outside of court then a parenting order can be the only option — which sets out the duties, powers, authority and responsibilities of each parent.