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.

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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.

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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.

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.

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