Family Law
If you are separating from your partner, there are different things you will need to think about depending on if you are legally married, whether you have any children, and the property that you and your partner have. Regardless of your situation, our lawyers are able to assist you through the process and provide expert advice.
Divorce
Divorce is the legal dissolution of marriage and is granted by court order. To get an order for a divorce, the relationship must have irretrievably broken down. To show a relationship has broken down irretrievably, you must have been separated for a period of at least 12 months preceding the application. To be separated, a couple need to have ceased cohabitation and lived apart. A couple, however, can remain living in a single residence during the period of separation, and a court recognises that this may arise for a number of reasons. In such cases, additional information should be provided with the application for divorce.
Whether you will need to appear in court to obtain a divorce order depends on:
- If the application has been made by one partner only, whether you share any dependent children;
- If the application has been made by one partner only, whether the other party has filed a Response;
- Whether a party has indicated they wish to attend or either party has objected to the application being heard in their absence.
Once an order is made by the court granting a divorce, the order will not take effect until one month from the date that it passes. Where there are children who are under the age of 18 years, the order will not take effect until the court is satisfied there are proper arrangements for the care, welfare, and development of those children. This is particularly important if you intend to remarry as you will not be able to do so until the divorce order has taken effect.
Children
If you have separated and you have children who are under the age of 18 years, it is likely you will need to make some decisions about their living arrangements (previously referred to as ‘custody’). The best interests of the children will be paramount in all parenting matters and parents should make genuine efforts to resolve disputes regarding these arrangements.
Whether you are looking to share arrangements equally or have come to some other arrangement, formalising your agreement in writing can assist and prevent disagreements in the future.
If you are unable to come to an agreement with your former partner, we can assist you to come to a compromise that reflects both parties’ obligations and rights, including matters relating to funding a child’s education and development.
Agreements may be set out in parenting plans or consent orders. Consent orders must be approved by the court and are legally enforceable. Parenting plans are not approved by the court but may be taken into consideration in any subsequent court proceedings concerning the children.
Should it be necessary, we can assist with registering an agreement with the Federal Circuit Court and Family Court of Australia.
Property settlement
In addition to dealing with the legal requirements and matters relating to children where you are getting a divorce or separating from a partner, you should also think about the financial impacts. Upon separation or divorce, you will need to decide on how your property and assets will be divided and make arrangements regarding joint accounts and liabilities.
Property settlements can also include division of superannuation accounts to ensure that both parties have enough to be able to look after themselves in the future.
There are time limits that relate to making an application with respect to a property settlement, so we recommend speaking to one of our experienced lawyers sooner rather than later.
Our lawyers can also assist you with negotiating a binding financial agreement to resolve any property issues should this be required.
In addition to your current property, you should consider preparing a new Will to ensure that your property is dealt with according to your wishes in the event of your death.
If you need any assistance, contact one of our lawyers at [email protected] or call 02 6686 4233 for expert legal advice.