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Separation & Divorce

If you have recently separated, we can help you navigate the legal process to ensure that your interests are protected and formulate a plan for you and your family moving forward. We know this is a difficult time, and it can be challenging to separate the legal, practical, and emotional considerations. Following are some of the things you may need to think about.

  • Keeping the best interests of your children front of mind can help when planning for their future care and welfare. Family law legislation in Australia promotes the principle that wherever possible, children should have the benefit of a meaningful relationship with both parents.
  • Prepare a list of assets and liabilities whether these are held jointly, individually or in a trust – include real estate and personal property, shares, investments, business interests, bank accounts, mortgages, and loans.
  • Obtain originals or copies of important documents such as passports, marriage certificates, birth certificates and insurance policies.
  • Keep major assets insured and protected – this includes your home, other real estate, motor vehicles, boats, etc.
  • Update passwords and login details for email and other online accounts, social media platforms, internet, and mobile banking.
  • Contact your bank to open a separate account and to discuss your everyday banking needs and any concerns regarding loan repayments, use of credit cards, joint accounts or any other aspect of your banking.
  • Contact Services Australia to find out if you are eligible for government financial assistance.
  • Obtain legal advice to protect your interests – even couples who separate on good terms should get independent legal advice to ensure their rights are protected and a reasonable outcome can be obtained when dividing property.
  • Talk to your lawyer about making or reviewing your Will to take into account your new circumstances.
  • Keep written records of important events and dates, i.e., date of separation, date that you or your ex-partner moved out of the family home, etc.
  • If you are concerned in any way for your personal safety or that of your children or other family members, contact your local police and, if necessary, get advice on applying for a restraining order.

Divorce

A divorce is the legal process of ending a marriage. Provided you have been separated for more than 12 months and your relationship has irretrievably broken down, an application for a divorce order may be made to the Federal Circuit and Family Court of Australia. You do not need to prove fault or provide any reasons why you wish to be divorced and the consent of both parties is not required.

In most cases a divorce application will not require you to appear in court. Generally, the process involves filing documents with the court. If you have children under the age of 18 years, the court must be satisfied that proper arrangements are in place for their care.

A divorce application is a separate matter to settling property or parenting arrangements and you do not need to be divorced before starting either of these processes. However, after a divorce has been granted there is a 12-month limitation period within which to start court proceedings for a property settlement or spousal maintenance.

De facto relationships

Family law legislation also applies to de facto couples whose relationship has ended. For a couple who was not legally married to access remedies under family law legislation, various factors will be considered to determine whether they were in a de facto relationship, including, the length and nature of the relationship, financial dependence or interdependence, the care and support of children, or whether the relationship was registered under state law.

How can we help?

Despite family law being a sensitive and complex area, we find that most matters can be settled out of court through processes such as negotiations, informal settlement conferences and mediation, which we encourage wherever possible. If your matter cannot be settled this way, however, we have extensive knowledge of court processes and will advocate strongly on your behalf should you need us to represent you in court.

We can assist with:

Divorce & Separation

  • Practical legal advice and guidance after separating
  • Divorce applications
  • Advice for de facto relationships and same sex couples

Children and Parenting Matters

  • Negotiating and preparing parenting plans and parenting orders
  • Mediation / Family Dispute Resolution
  • Initiating court proceedings
  • Recovery orders / relocation / contravention applications
  • Child maintenance
  • Domestic violence issues

Property Settlement

  • Practical and legal advice regarding the division of assets
  • Superannuation splitting
  • Spousal maintenance
  • Binding financial agreements (before, during and after relationship)
  • Consent orders
  • Negotiation and mediation
  • Court proceedings, injunctions, and final hearings

If you need assistance, contact [email protected] or call 02 9550 9588 for expert legal advice.