Family Law

Divorce

The breakdown of a marriage is a traumatic experience and it is important to obtain legal advice in relation to the issues to consider at this difficult time.

Divorce itself is s relatively simple process and application can made to the Family Court for divorce after you have been separated for twelve months.

Children

It is necessary to decide where and with which parent the children are going to live for most of the time (this is called ‘residence’) and also how often and for what periods of time the children will spend with the other parent (this is called ‘contact’).

If agreement cannot be reached between the parents on ‘residence’ and ‘contact’ then it may be necessary for application to be made to the Family Court for the Court to make orders on these issues.

Often it can be useful to have counselling and mediation to try and reach agreement before applying to the Family Court for orders.

Property

Decisions also have to be made about division of property, including the matrimonial home.

How the assets are to be divided will depend on the income of the parties, financial contributions by the parties (both direct and indirect), contribution as a homemaker and parent and future financial resources such a superannuation.

Superannuation funds can now be directed to ‘split’ superannuation benefits if that is ordered by the Family Court.

If there is agreement on how the property is to be divided this can be formalised either by Consent Orders approved by the Family Court or by a Binding Financial Agreement . Depending on taxation and other factors you should have legal and financial advice as to which would be the most appropriate method of agreement for your particular situation.

Property settlement or agreement as to division of matrimonial property should be made within twelve months of the date of divorce. Property settlement can of course take place after separation and before divorce.

De Facto Relationships

A ‘de facto’ relationship or ‘domestic relationship” is when two people live together but are not married. This includes same sex relationships.

The parties to a de facto or domestic relationship have rights as set out in the Property Relationships Act. These rights are similar to those of married couples and include issues such as property settlement and children.

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We will give you prompt and uncomplicated legal advice about Family Law and the law relating to de facto relationships.

We will answer your questions in relation to what issues you should consider following the breakdown of a marriage or de facto relationship.

Each relationship and marriage is different and there is no set formula for making arrangements for children and property settlement following the end of the relationship or marriage.

This is why it is important to obtain legal advice and not to rely on what you may have read in the newspapers or heard from other people.

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