Introduction To Family law Solicitor :
so as a victim of domestic violence the first thing that you need to do is to
reach out be it to your doctor your friend your mother your sister again
covet has stopped people having that option to go and meet people and discuss it
so when you go to court it's a very private it's a very dignified process you
are on your own in the courtroom just with the judge and the registrar it's not
a public court there's no intimidation there's no room for fear in the court
the reason that you're there is because you've lived with that fear so you go
and you make your application and you get the options available to you from the
court to give you the protection that you clearly need
-Maintaenance Order
so if there's a maintenance order and it's not being paid it's something that the courts will take a very dim view on because obviously the initial application was made by the primary care
because they needed that extra extra source of money for the children if your
maintenance is not being paid you can go to the district court and you can make an
application for a breach of a maintenance order or you can seek that a debt or
someone's be issued against the person who is the poster but has failed to pay the
maintenance this is taken as a very serious breach in the courts because the court's
view is maintenance is for the benefit of the children and again the parents are
using it as a point scoring exercise there is options available secure them in
the district court so the court doesn't just make a decision by reason of the
submissions that are made to them in the court with regards to custody yes it's
absolutely considered what the council has set out to them but they have to look at it
at all times under the legislation protecting the best interests of a child so
when somebody presents who maybe has an addiction issue maybe is a gambling issue
and where you know joint custody may not be in the best interest of the child
the court will not grant it they'll say it's premature come back another time or
they'll adjourn it for the person to be given the opportunity to change their
lifestyle so that the court will consider it then
-Financials :
so when it comes to the financials
of a family law case divorce or judicial separation i think there's so much of
a myth that it's going to be 50 50 down the middle equal share division of
everything and in reality that's not how it is what has to be looked at is proper
provision for both parties particularly where one of the parties is going to have the
kids living with them that's what the courts will look at so if you're a legal
aid client or if you're a multi-millionaire client proper provision for the
parties is what it looks at the simple way to look at it is like this it was one
house with two incomes it's now two houses with one income
-Divorce :
it's a really
good question is there such thing as a good divorce you know what yes because
you're going to have situations where people just shouldn't be together anymore
they really shouldn't be together anymore in their interests in the interest of
both of them being happy and moving on are in the interests of their children not
being in a tense environment for any longer so yes there is such a thing as a good
divorce and what we like to do is to try and move the divorce process so that maybe
the client can walk away after going you know what we needed to do that it's
done and it was done in the right way
-Maintenance :
so the reason that we hear more about
dad's pain maintenance is that in the majority of cases mom is the primary carer
so maintenance applications will be made in the district
- Custody :
court and it's based
on fact it's not based on oh he has a bit of cash or he has this it's based on
fact it's based on your properties it's based on your income and what your
outgoings are so there is a measure in the district court as to how much they can
order a parent to pay with regards to maintenance but it's worked out on the
facts that are presented on statement of means by both parties given to the judge
and they'll make a decision but maintenance is not for the adults maintenance
is for the children
-Emotional Rollercoaster
this is a huge emotional rollercoaster for a client so
it's not for me to be your best friend during this journey i have to remain
objective i'm not going to agree with everything that you ask us to do i will agree
to some things we're aware of the requirements of the court process that's here
for us to do you need to know that we're going to be objective and when you ask
us to do something it's got to be in the best interest of resolving this in the
best way for you for your children for your ex so that it doesn't become an
unsustainable battle for you to be able to cope with
-This is not about us :
so you've come to us because you've
either been served with divorce papers or you've decided that you need to go for a
divorce yourself so the most important thing at this point is to remember that this
is your case this is not about us or our farm so what we're going to do is
we're going to start with asking what you want to do where you want the divorce
process to go because we as your solicitors have to remain objective in this entire
journey because once you start the divorce journey or the judicial separation
journey it's an emotional rollercoaster for you as the client
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