Divorce and Separation
Separation signals the end of a relationship and is usually an emotionally difficult and turbulent time.
Our team of professional family lawyers have been providing help to those about to separate for many years – we provide sensitive, practical legal advice and guidance.
Applying for a Divorce
In Australia, it is not necessary to demonstrate that one party or the other was at fault when applying for divorce. The only ground for making an application for divorce is to prove that the marriage has broken down irretrievably and that the relationship has been permanently broken down for over twelve months.
An application for divorce can be submitted through the Federal Circuit Court of Australia or the Family Court of Australia.
You can make an application for divorce if you have been living under the same roof for some of the period of your separation, however, in some cases evidence of being separated notwithstanding that you have resided under the same roof may be needed.
Property Division and Parenting Arrangements
You do not have to be divorced to reach an agreement relating to property division, financial matters, parenting, children’s issues, spousal maintenance and the like.
You are entitled to seek agreement in respect of all of these issues as soon as you are separated.
If you cannot reach agreement concerning matters in dispute, you will be entitled to bring your matter to Court in most cases even if you are not divorced.
For people seeking property division, you must take into account that an agreement must have been reached within twelve months of a divorce being granted or alternatively you must issue an application for property settlement in Court within twelve months of your divorce.
We recommend that you seek advice in respect of these matters at the earliest possible time after you have separated so that you fully understand rights and obligations with respect to divorce and all other issues.
Most people will engage the assistance of a lawyer when going through the divorce process and with respect to negotiating property division and children’s issues. We strongly recommend that people obtain legal assistance at the earliest time.
No one’s case is the same. Whilst the divorce, once applied for, will take place relatively quickly, other issues may remain which require the assistance of one of our family lawyers.
Since 1981 we have been helping clients with their divorces and the other issues arising from separation and divorce. You should contact one of our experienced family and divorce lawyers in Adelaide or Modbury for a free, confidential appointment about your matter.
Call us today!
Our team of experienced family lawyers can help with all matters relating to the breakdown of a de facto relationship including separation, parenting/children’s issues, property division, superannuation splitting, spousal maintenance, property preservation orders and other orders, please contact us today.
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Our Family Law team