Common Problems Addressed by Family Lawyers in Sydney

Did you know that most judges (across the world) hate divorce cases? This is probably because the people who are the least responsible for this event are the ones that are the most affected. Yes, children are often the ones who're hurt the most! As a responsible parent, it is your duty to make sure that the impact on your children is least. You can always speak to one of the many family lawyers in Sydney and seek help to soften the blow on them. Following are the common questions addressed by most Sydney family lawyers;

We have decided to separate. What happens to the property?

Separation does not call for any formal arrangement for property. This happens only when you are divorced. The law applies the same to those who are married and those who have lived in a de facto relationship. This again is the same irrespective of the fact that the couples are of the same sex or not. Partners who're divorced should start property separation proceedings within 12 months of the divorce. As for those living in a de facto relationship, this should start within two years.

What are the things (property) that can be separated?

Property refers to cash, investments, real estate including property, personal assets like cars, furniture etc., and property owned before the marriage, gift, inheritance, lottery etc. This is considered irrespective of the fact that they're in joint or sole custody. In fact, even money received from superannuation schemes is also considered property and can be divided accordingly.

Will I lose property that I have owned even before I got married?

There are several things that are considered before separating property. For instance, in the case of property owned before the marriage/relationship, separation is decided on the basis of the length of the relationship and the effort of the other partner/spouse in the upkeep of the property. In the case where both partners have contributed equally to the income, the court considers the effort made by both parties towards earning and maintenance of this property. There are a lot of things considered as contribution. Gifts received from family members, do it yourself projects, wages, investments, etc. are also considered as contributions.

Child Support Issues:

There are many things that affect child support and maintenance. It is better to speak to one of the several family lawyers in Sydney and seek their help.

How is child support calculated?

There are Child Support Agencies that calculate the amount of child support to be paid to the care taking spouse. This is done by using a mathematical formula that determines the amount to be paid. This amount can be reassessed when it is determined that there is a change in circumstances.

Irrespective of the severity of your problems and queries, it is best to speak to reputed one of the many reputed Sydney family lawyers and seek an opinion from them to protect your interests.

Common Driving Offences

Common Driving Offences

With recent news that Manchester City striker Carlos Tevez has avoided jail for driving while disqualified and without insurance, it seems like a good time to investigate the most common driving offences within the UK

A recent report conducted 'Which? Research', has indicated that almost 25% of UK motorists have a driving conviction. But what do people get convicted for?

The overall number of driving convictions is falling, but the following offences still remain all too common.

Speeding

The most common offence - accounting for almost 70% of all convictions - is unsurprisingly speeding and speed related offences. Generally speaking, speeding related offences carry between 3 and 6 penalty points, although, depending on the severity, it can warrant more points or an instant qualification.

Speeding prosecutions have risen considerably over the past years, since the widespread introduction of speed cameras. Mobile radar devices have also become more prominent in recent years.

Careless, Reckless and Unfit Driving

Sometimes referred to driving without due care. The definition of careless driving is when the accused's driving falls below the standard expected of a reasonable, competent and prudent driver.

There are a number of offences that can amount to driving without due care, including - but not limited to - the following:

Overtaking on the inside

Driving through a red light

Talking on a mobile phone while driving

Emerging from a side road into the path of another vehicle

Tuning a radio

The punishment to expect from such a conviction can also vary widely - depending on the severity of the incident in question. The maximum monetary fine is 2,500. Penalty points are mandatory, the amount can vary from 3 - 9. In severe cases, disqualification is possible and is down to the judge's discretion.

Careless driving accounts for 12% of total driving convictions, making it the second most common offence.

Drink or Drug related offences

This section covers the charges 'Driving with excess alcohol' and 'Driving while unfit through drink or drugs'. These are very similar offences with very similar sentencing guidelines. The key difference between the two is that in order to charge the accused with the former, the police must obtain proof that the defendant's alcohol level was over the legal limit. This can be done via breath, blood or urine testing.

Drink driving convictions are very circumstantial and as such, the sentencing can vary greatly depending on the severity. Unless there are exceptional circumstances, the court has no choice but to impose a driving ban for drink related offences, this can range anywhere from 12 to 36 months, depending on the severity of the charge. It is worth noting that for all bans over 12 months (first offence only), the defendant has the option of a 25% reduction in exchange for attending a drink driving course at their own expense.

The maximum financial fine is 5000.

In serious cases, the court is also likely to consider either community service or a custodial sentence.

It's worth noting that for more severe alcohol and drug related offences such as causing death by careless driving under the influence of drink or drugs carry a sentence of up to 14 years in prison, an unlimited fine and an obligatory 2-year driving ban.

Motoring convictions related to drink or drugs make up 4.3% of the UK total.

Totting up

Totting up refers to the accumulation of penalty points and the subsequent driving ban.

If a driver accumulates 12 penalty points within a 3-year period, then the court imposes a 6-month driving ban. Although the ban is often thought of as mandatory, the court does have discretion. If a case of exceptional hardship is presented, the court may opt against a ban, although this is rare.

As well as the totting up rule, new drivers have their license revoked if they accumulate 6 points in their first two years of driving. In exceptional circumstances, this could lead to a driver having a ban due to totting up and then having to take their test again at the end of the ban.

Failure to report an accident/failure to stop after an accident

This offence is more common than you might think, this is partly down to the fact that the law covers a wider range of incidents than you might expect. In line with this breadth, the consequences also vary greatly dependant on (you guessed it) the severity of the case.

This offence can range from an accidental dink to another car while parking right the way down to failure to stop after hitting a pedestrian, or hit and run. Cases become particularly serious if personal injury is involved.

In minor incidents where the defendant can prove that they are unaware of any incident or damage occurring, cases often end in acquittal. On the other end of the scale, major incidents can end result in 10 penalty points and a custodial sentence.

The above is a brief outline of some of the more common motoring offences. This text isn't intended as legal advice; therefore, it shouldn't be taken as such. If you are affected by any of the above or feel that you have been wronged you contact a solicitor.

Davenport Lyons is an experienced firm of motoring solicitors. They have a huge amount of experience dealing with a range of motoring and driving offences . Please consult their website for any additional information or contact details.