Other Matters

Prenuptial Agreements

A prenuptial agreement, known as a binding financial agreement, assists individuals entering a marriage or de facto relationship determine the division of property and assets if a divorce or separation occurs. Although it can be uncomfortable to introduce the idea of a prenuptial agreement with your partner, it is the best time to consider your financial position in the event of separation while your relationship is going well and you can effectively and openly communicate with your loved one.

A prenuptial agreement must involve:

• Both parties making a full disclosure of their individual assets and liabilities prior to the agreement being signed;
• Be between parties who have received independent legal advice by a legal practitioner prior to signing; and
• Be provided to the party with enough time for them to review and fully consider the terms of the agreement.

If you would like to learn more about prenuptial agreements or would like one of our experienced lawyers to prepare a prenuptial agreement on your behalf, feel free to contact Dettmann Phair Lawyers to book a consultation over email, phone, or via our website.

Grandparent’s Rights

Grandparents can play a very important role in the lives of their grandchildren and the law recognises this, even after the children’s parents have separated. Provided that it is in their best interests, a child has the right to spend time and communicate with their parents and other people important to them, such as grandparents. When determining the best interests of the child, the court will consider factors including:

• The need to protect the child physical or psychological harm;
• The benefit of the child having a meaningful relationship with their grandparents;
• The nature of the relationship the child already has with their grandparents;
• The ability of the grandparents to provide for the child’s emotional and intellectual needs;
• The likely effect on the child’s usual activities; and
• The child’s wishes, if the child is mature enough.

Dettmann Phair Lawyers represent grandparents and parents in custody matters with sensitivity and professionalism. Please do not hesitate to contact us over email, phone, or via our website to seek out advice today.

Spousal Maintenance

Spousal maintenance is the financial support of a spouse to either a marriage or a de facto relationship. The party seeking financial support must be able to show that they require maintenance, are unable to support themselves adequately and that the other spouse has the capacity to pay spousal maintenance. That being said, the court will consider several factors when deciding whether to award spousal maintenance including:

• The length of the marriage of de facto relationship
• The difference between the spouse’s income
• Whether there are children and if so, which souse the children live with
• The age and health of each spouse
• Whether one spouse gave up career opportunities during the marriage or de facto relationship
• Each spouse’s ability to earn an income and acquire assets in the future
• The standard of living enjoyed during the marriage or de facto relationship

A spouse to a marriage can apply for maintenance any time after separation however must apply within 12 months of a divorce order being made unless leave is granted. A spouse to a de facto relationship can apply for maintenance within two years after separation and cannot apply for an extension of time.
Dettmann Phair Lawyers represents spouses both applying for and defending spousal maintenance applications. To schedule a consultation with our specialist accredited family lawyer, feel free to contact Dettmann Phair Lawyers over email, phone, or via our website.