Separation and Divorce
As an experienced divorce lawyer, I pride myself on my ability to help families separate amicably and navigate the legal process with expert care and guidance.
Faced with difficult decisions regarding property division, parenting arrangements and child support, no relationship breakdown is easy. That is why you need a divorce lawyer with the experience, expertise and empathy to negotiate, represent and advocate on your behalf.
With extensive experience in divorce law, I understand the emotional strains and logistical complexities that come with parting ways. That’s why I am here to guide you through the entire legal process, from divorce application proceedings to property settlements and child support.
If you and your former partner have reached an agreement on all aspects of your family’s future, it is important to seek the support of an experienced family lawyer to ensure your rights and interests are protected and respected.
As a trusted divorce lawyer, I have extensive experience in helping clients move forward with their lives, tailoring my services to reflect each unique circumstance.
An Application for Divorce will result in an Order being made that legally brings a marriage to an end. Parenting Arrangements and property settlement can be considered at the same time or separately. You do not have to be divorced before starting the process of resolving parenting arrangements or property settlement.
I will assist you to file an Application for Divorce in the Federal Circuit Court of Australia (FCC). To apply for a Divorce, you must meet a number of conditions, including:
- Be an Australian citizen or lawfully present in Australia and intending to continue living here.
- Be separated from your spouse for at least 12 months.
- Have no reasonable likelihood of you and your spouse getting back together.
You must establish that you have been separated for at least 12 months before applying for Divorce. If you have been married for less than two years, you and your spouse must attend counselling.
To file for Divorce you must complete and file an Application for Divorce and pay a filing fee. The Application for Divorce is filed online.
Division of assets is dealt with separately to an Application for Divorce. When the Courts make Orders for property settlement, they must not make an Order unless in “all of the circumstances, it is just and equitable”. Do not assume that your assets will be shared 50/50 with your spouse.
There are many factors to consider when splitting a former couple’s assets, including current and past incomes, starting assets, age and health. Each case will be determined on an individual basis.
Proceedings for property settlement should be commenced within 12 months from when a Divorce Order takes effect.
You must be separated for a period of 12 months before you file an Application for Divorce. Once the Application is filed, the Divorce Order will usually be issued within about four months.
Separation occurs when parties cease living together as a couple. Divorce is the process of bringing the legal state of marriage to an end.
Parties can be separated but remain married. They can also resolve property and parenting issues without getting divorced. Former partners may remain married despite choosing to lead separate lives. Staying married can also affect legal rights and obligations relating to Estate planning and superannuation.
You can, however, the grounds to oppose a divorce are limited. If you have evidence that you and your former partner have not been separated for 12 months or if the Court does not have jurisdiction to hear the Application, the Court may refuse to make the Divorce Order.
You must file a Response to Divorce and appear in Court on the date of the hearing. If it is not possible to attend in person, you can request to join via telephone.
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