Property and Custody
The client has been in a relationship for approximately 11 years and is addressing issues related to property settlement and child custody in New South Wales. They have one property involved in the settlement, with no dispute regarding its ownership. The client is the primary caregiver for their young child, who currently resides with both parents. The client aims for primary custody and is considering mediation as an alternative to court intervention. They possess documentation to support their case, having not previously sought legal advice.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat is the process for determining property settlement in New South Wales, and how long does it typically take?
The process for determining property settlement in New South Wales involves identifying and valuing all assets and liabilities, assessing contributions by each party (both financial and non-financial), and considering the future needs of both parties. Under the Family Law Act 1975, the aim is for a just and equitable division. Courts often encourage reaching an agreement through negotiation or mediation before litigation. If there are no disputes, the timeline for property settlement can be a few months; however, if court involvement is necessary, it can take 12-18 months or longer depending on case complexity and court availability.
How is child custody decided in NSW, and what factors are considered by the court?
In New South Wales, child custody, legally referred to as 'parenting arrangements,' is determined based on the best interests of the child per the Family Law Act 1975. Key factors include the child's relationship with each parent, the child's views based on maturity, the parents' ability to provide for the child's needs, and any history of family violence. The practicality of each parent's proposed living arrangements is also evaluated.
What documents and evidence will I need to provide to support my case for both property settlement and child custody?
To support your case for property settlement and child custody, you will need:
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Property Settlement:
- Title deeds and mortgage documents for the property.
- Recent property valuation reports.
- Financial records showing contributions to the property.
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Child Custody:
- Evidence of your role as the primary caregiver.
- Witness statements from those who can attest to your involvement.
- Any prior agreements or correspondence about parenting arrangements.
Having documentation will strengthen your case whether you pursue mediation or legal proceedings.
Are there any alternatives to court for resolving disputes over property settlement and child custody in NSW?
In NSW, alternatives to court for resolving property settlement and child custody disputes include mediation, collaborative law, and Family Dispute Resolution (FDR). Mediation involves a neutral third party helping both parties reach an agreement, while collaborative law allows parties and their lawyers to settle disputes without going to court. FDR is mandatory in most parenting disputes, assisting parents in reaching resolutions quickly and cost-effectively.
How does having a binding financial agreement or parenting plan affect the outcome of property settlement and child custody matters?
A binding financial agreement or parenting plan can significantly influence property settlement and child custody outcomes by pre-establishing terms that both parties must adhere to, potentially reducing disputes. Such agreements clarify asset division and parenting responsibilities, providing stability for children. Without these agreements, decisions revert to the court's discretion, which may not align with each party's preferences.
