Divorce Hurts...... but it doesn't have to be nasty

Recently separated or thinking of separation? Our lawyers can assist you reach a resolution outside of court.

dollhouse
rocking-horse

Collaborative Family Law

Collaborative law is where separating couples work together with their respective lawyers & other collaborative professionals to resolve all issues without the intervention of court. The collaborative process offers parties a way to resolve disagreements with dignity & respect. Contact us to arrange an initial consultation with one of our collaborative lawyers to see if  the collaboration process is suitable for you & your family, or click here to find out where you stand, and get started online.

Divorce

Divorce is that legal dissolution (termination) of your marriage. In Australia we have a no fault divorce. This means that the court will not take into consideration the reasons why your marriage ended. The only basis for obtaining a divorce in Australia is that your marriage has broken down irretrievably. 

You will also need to meet the following requirements; 

  • You & your former partner have been separated for 12 months;
  • You or your former partner are an Australian citizen; 
  • You or your former partner regard Australia as your home and intend to live in Australia indefinitely. 

If you and your former partner have children under the age of 18 years the Court will only grant a Divorce if it is satisfied that there are proper arrangements in place between the parties for the care of the children. 

If you have been married less than 2 years, you must undertake counselling and obtain a certificate from a relationship counsellor stating that you have considered trying to reconcile. 

We are able to assist with your Divorce Application and we offer a fixed fee. Contact us to arrange a consultation, or click here to find out where you stand, and get started online.

link-broken-1
home-scene

Property Settlement

Property settlement is the division of assets arising out of a marriage or de facto relationship. There are time restrictions for when a property settlement must be finalised by. For married parties this is 1 year from the date your Divorce is granted and for de facto couples this is 2 years after the date of separation.

You are not required to be divorced to finalise your property settlement.

In order to determine a fair & equitable property settlement the following must be considered; 

  • The parties assets & liabilities;
  • Financial & non-financial contributions; and 
  • Any future needs factors such as age, health, primary residence of any children & earning capacity must be taken into consideration.

Contact us to arrange an initial consultation to discuss your property settlement, or click here to find out where you stand, and get started online.

link-broken-1

De facto Relationships

Under the Family Law Act 1975, a couple is in a de facto relationship if they are not married to each other, are not related by family and they have a relationship as a couple living together on a genuine domestic basis. The Act also provides that a de facto relationship exists regardless of whether the couple is same sex and even when one of the parties is legally married to someone else.

If you are in a de facto relationship, any disputes in relation to children or property will be treated by law in the same way as a married couple.

A party to a de facto relationship can bring an Application for property settlement or maintenance under the Act within 2 years of the relationship ending. After that time, an Application for property settlement can only be made with the consent of the parties or with permission of the court.

Contact us today to arrange an initial consultative or Click here to find out where you stand, and get started online.

Parenting Plans

Parenting Plans are informal agreements entered into by the parents of a child that may deal with one or more of the following;

  • the person or persons with whom a child is to live
  • the time a child is to spend with another person or other persons
  • the allocation of parental responsibility for a child (s 63C(2B)), specifically with the allocation of responsibility for making decisions about major long-term issues affecting the child
  • the form of consultation the persons are to have with one another and about decisions to be made about the exercise of that responsibility, if two or more persons are to share parental responsibility for a child
  • the communication the child is to have with another person or other persons
  • the maintenance of the child
  • the process to be used for resolving disputes about the terms and operation of the plan
  • the process to be used for changing the plan to take account of the changing needs or circumstances of the child or parties to the plan
  • any aspect of the care, welfare or development of the child or any other aspect of parental responsibility for a child.

Parenting Plans are not court orders and therefore cannot be the subject of enforcement or contravention applications. 

If you want to ensure that the terms of your Parenting Plan are enforceable by the courts, you can seek a court order by consent by filing an Application for Consent Orders with the Family Law Court of Australia.

If you would like to more about Parenting Plans, contact us today to arrange an initial consultation or Click here to find out where you stand, and get started online.

document-bookmark-2

Financial Agreements

Financial Agreements can be entered into by married & defacto couples. These Agreements can be entered into before, during or at the end of a relationship.

Financial Agreements will usually cover how assets & liabilities are to be divided and can include the maintenance of one or both of the parties.

An advantage of Financial Agreements is that no court proceedings are required, however to ensure that the parties are not coerced into entering into an agreement that is not favourable to them, The Family Law Act requires strict compliance with a number of procedural matters including; 

  1. The Agreement must be in writing; 
  2. Independent legal advice must be provided to both parties; and 
  3. The solicitor for each party sign a statement that legal advice has been provided to their client.

Contact us today to arrange a consultation regarding your Financial Agreement, or click here to find out where you stand, and get started online.

business-handshake-deal