9 Comments Family & de facto law, financial agreements, consent orders
Ozmac...it seems that you will understand more of what I am talking about due to your previous occupation.Here is my view on the subject of divorce.
It is of great benefit..not only to the children involved..but to both partners respective bank accounts to somehow ( I realise it is quite difficult..but it must be done) become literally quite detached from your own emotions.....and not let your heart rule your head...but the other way around...and to calmly sit down with your partner...and just simply acknowledge that the marriage is over..defunct...kaput!This is the first thing....and then just to talk calmly on the fair breakup of any assets..and the visitation rights for both of you of the children.And both partners must compromise and must come to a fair agreement
leagle 2009-01-13 09:54:06
Thus far, that appears not to be the case.
But to get back to my main questions..... Any answers or opinions that might assist? I read through the Act, and of those questions, the answers are not clear cut. I have read some Cases which answered many of my other questions, which of course I need not list here.
and thank you leagle for your prompt responses.
I'm not sure on the property issues.
If you're paying child support it will be for both children, there is no exception on the basis of the behaviour of one of your children.
I don't believe there is a concept of "wife support" in Australia. There is no alimony. All those settlements should be worked out during divorce, the only ongoing payment should be child support, depending on who cares for the children and the means of both parents.
I sought advice from my lawyer in the initial consultation regarding spouse support. The advise given is that she can make an application for spousal support, but the instances of such an order being made are rare. My lawyer could only say that each is on a case by case basis, and said that "potential earnings" after divorce is a primary criteria the court considers. While her salary is substantially lower than my own (about a third), her Uni Degree gives her the capacity to obtain much higher salary occupations that thus far she has not pursued.
In this, what I am saying, is that I have thus far only had an initial consultation with a lawyer which was brief, particularly considering the overwhelming number of questions I had and the limited time we had to discuss all of them, so in effect, all answers I received were brief and not to specific. Answers were more in general terms.
There are a very limited number of lawyers in my area that specialize in Family Law. The cheapest closed up shop about 6 months ago and his rate was $325 an hour. All of the rest start at $350 an hour.
My goal in posting here and asking my questions is to get some general information that is more specific, to either, point me in the right direction in the Family Law Act, or to nominate specific Family Law Cases of relevance. With sufficient background, I can then minimize the amount of time I spend with the lawyer.
There is some method in my madness. I seek for my kids now in their teen years to enjoy these years and not be disadvantaged over my errors, and my spouse's inability to forgive and work with me to restore what we once had. I need not go into the marriage woes we suffered before my grave sins, as this is no longer relevant.
If it were at all possible, (which it is not), I would rather just sign everything over her to secure the welfare of my kids as they go on to adulthood and restart my life afresh, but always making time and availability to them. You will see I don't try to put myself largely in their lives now. The wife has condemned me in front of them, filled them with horrible beliefs about me that I guess until they reach maturity, they will not be able to calculate in their own minds that I am not the evil person their mother is making me out to be.