Separation and divorce cause personal upheaval and emotional trauma to everyone involved, whether it be a marriage or de facto relationship. The decision to separate and/or divorce will then be faced with more realities concerning division of property and parenting arrangement if children are involved.
The division of matrimonial assets and debts is subject to fair and equitable distribution. Fair and equitable distribution is not necessarily the same as equal distribution. The assessment is on a case to case basis, based on the unique facts of the case.
Parenting arrangement is measured on the best interest of the child, not the convenience of the parties nor what the parent is missing out. Child support and spousal maintenance may arise in some circumstances.
We strive to assist our clients in amicably resolve all issues to minimize emotional fallout. If good-faith negotiation and settlement prospects have been exhausted, litigation is necessary. We approach litigation with thorough preparation, most realistic assessment of likely outcomes and cost-effectively. To each case, we bring practical knowledge and knowledge of the process of the Court in determining the family issues.
We handle family issues including those related to:
- Separation and Divorce – Divorce Applications, Separation Declarations.
- Parenting and Children’s Matters – Parenting arrangements, parenting plans, consent orders application, recovery of children, alteration to orders, advice on mediation.
- Property and Finance – Division of assets and liabilities, consent orders application, advice and negotiation on pre-litigation stage.
- Child Support and Spousal Maintenance – preparation of child support agreement, periodic and lump sum spousal or de facto partner maintenance.
You can apply for divorce after you and your spouse have lived separately and apart for at least 12 months. This includes separation under one roof, which means that you and your spouse are separated and living in the same home. There are other requirements that must be fulfilled for divorce application.
No, parenting and property related matters are separate from divorce application or divorce order.
You have 3 options being Consent Order Application for both parenting and property: or parenting plan and Binding Financial Agreement; or combination of these options. There are pros and cons for these options and should be tailored based on your circumstances. Contact us to find out more.
You should first seek legal advice of your circumstances before taking any further steps. Generally, and depending on your circumstances, you may negotiate parenting arrangement through solicitors or invite your spouse for dispute resolution. If there is no agreement in parenting arrangement, you can then consider initiating court proceedings for parenting orders with Federal Circuit and Family Court.
The timeline for filing an application for property settlement and/or maintenance is 2 years from the date of separation for de facto relationship and 12 months from the date of divorce for couple in a marriage.
In some family law cases, the Court will order for the appointment of an Independent Children’s Lawyer. Independent Children’s Lawyer act for the child or children of the proceedings and their role is to help the court decide what arrangements are in the best interests of the child or children.
It is not uncommon for the Court to order the child and/or children to attend family therapy, if the Court is of the view that it is in the best interest of the child and/or children. The purpose of family therapy is to provide an insight of the child or children’s emotion and to improve the relationship of the families. For reportable family therapy, the report outlines the progress of therapy and information which could assist the court.
The limitation period for bringing an appeal against any Order of the Family and Federal Circuit Court is within 28 days of making of the appealed orders. If the appeal is out of time, the Applicant must seek an extension of time to file an appeal.