Caldwell Martin Cox Family Lawyers offer a holistic approach to any Family Law matter striving for the best outcome, not necessarily the “win”. Their role is to help clients make informed decisions.
Parenting, property, maintenance and divorce are four of the key areas which the Caldwell Martin Cox Family Law team address on a regular basis. Caldwell Martin Cox Family Lawyers are passionate about providing you with the right advice for your situation.
Parenting
When considering arrangements in relation to children, you should always put their best interests first. In any parenting Family Law issue Caldwell Martin Cox Family Lawyers work to see that the best interests of the child are met. This is achieved by;
- Ensuring parents fulfil their duties and meet their responsibilities, concerning the care, welfare and development of their children
- Receiving adequate and proper parenting so that they may achieve their full potential
- Protecting them from physical or psychological harm
Allowing children the benefit of having a meaningful and structured relationship with parents during a Family Law matter is of major concern to the Caldwell Martin Cox Family Law team.
Property
In most relationship and marriage breakdowns, the division of property is an emotionally charged issue. The starting point is identifying the assets, liabilities and financial resources and then assessing each party’s contributions and future needs.
Contributions can be financial or non-financial. They can be made by a party directly or indirectly, or made by a third party on behalf of a party to a marriage. Contributions considered are:
- Initial contributions – those made by each party at the commencement of cohabitation
- Contributions made by parties during the period of cohabitation
- Contributions made after separation – if relevant
Once this assessment has taken place negotiations can begin. Statistically 96% of matters are resolved by negotiation and without a Court Hearing.
Getting the right advice and having a skilled negotiator is obviously critical in each matter.
Maintenance
There are two kinds of maintenance. “Child support” is a well known legal obligation on the part of the parent to pay a certain sum of money to the other parent for the maintenance of the child or children.
“Spousal maintenance” is a much lesser known financial support paid by a party to a marriage to their spouse or former spouse in circumstances where their former spouse is unable to adequately support themselves.
Caldwell Martin Cox Family Lawyers work with clients to explain the processes and issues surrounding maintenance. They can negotiate maintenance payments in private agreements where suitable.
Divorce
Divorce is an administrative process that ends a legal marriage. Divorce has very little to do with property settlement, parenting or maintenance – except that it does trigger certain time limits that you need to be aware.
To grant a Divorce the Court must be satisfied that there is real separation and that one or both parties:
- Intend for the marriage to be over
- Proper arrangements are in place for any children
- Proper legal procedure has been followed
Divorce is a serious matter; it is complicated, emotional and draining. When entering a divorce both parties must be certain that this is the only option in protecting their family’s best interest.
Caldwell Martin Cox encourages parties to have fully considered alternatives, such as counseling, but if you proceed with a divorce they will ensure that you are fully informed of the process and that it runs as smoothly for you as is possible.