Divorce Law & Divorce Lawyers

Considering divorce or separation is a very difficult time; trying to assess the impact on your children, your life, pensions, superannuation, finance and property, as well as the emotional turmoil for yourself.

If you need legal help regarding divorce law, then complete our free legal enquiry form on the right or click here.

Divorce lawyers or Family Lawyers as they are more commonly known as, are well versed with all aspects of divorce law including:

• annulment,
• separation,
• cohabitation and civil partnership disputes,
• preparation of prenuptial agreements, and
• most related issues, but particularly financial issues arising from the breakdown of relationships.

Divorce Lawyers realise that these are sensitive issues and will try to handle them in a sympathetic, civilised and positive manner and by advising clearly and acting firmly and decisively to resolve them, if possible by agreement.

Divorce lawyers, or family Lawyers also often deal with complex and high value divorce and separation arrangements (usually by agreement but sometimes in court), which apart from those mentioned above, also include the following issues in relation to divorce and separation:

• family businesses,
• property and trusts,
• issues for children including parental responsibility, residence and contact, and
• inheritance claims.

If you need legal help regarding divorce law, then complete our free legal enquiry form on the right or click here.

DIVORCE PROCEEDINGS

Divorce proceedings cannot be started until the couple have been married for a year.

The Family Court can divorce a couple if the marriage is recognised as being valid in Australia.

Most divorces are undefended, allowing the divorce to proceed on paper through a relatively simple procedure.

Only if one partner does not consent to the divorce will the couple have to attend Court.

Whether the divorce is consented to or not, the divorce can only proceed if one partner can show that the marriage has irretrievably broken down.

To do this, the person applying for the divorce must prove one or more of the following general facts:

1.Their husband or wife has committed adultery. If their partner does not admit the adultery, evidence must be obtained to show that the adultery has taken place. The person applying for the divorce must confirm to the Court that they can no longer tolerate living with their partner.

2.Their husband or wife’s behaviour has been unreasonable. Often, there are relatively mild examples, which are agreed by both. One incident of unreasonable behaviour can be sufficient if the behaviour was particularly severe. The person applying for the divorce must confirm to the Court that they cannot be expected to go on living with their partner.

3.Their husband or wife has deserted them. The person applying for the divorce must show that their partner left them without their consent over 2 years ago.

4.They have been separated from their partner for at least two years and their partner consents to the divorce.

5.They have been separated from their partner for at least five years. Their partner’s consent to the divorce is not needed.

A straight-forward divorce can usually be obtained within a matter of months of the proceedings beginning, provided neither husband nor wife delay matters.

If you need legal help regarding divorce law, then complete our free legal enquiry form on the right or click here.

DIVISION OF FINANCES AND PROPERTY ON DIVORCE

The division of finances on divorce is usually by agreement between divorce lawyers or family lawyers, endorsed in a Court Order rather than following a court hearing. There should be no discrimination between husband and wife, or between the money-earner and the home-maker.

The law governing the Courts’ approach (and therefore the approach of divorce lawyers or family lawyers advising and negotiating on behalf of clients) to financial settlements on divorce is based on the Family Law Act 1975 (cth).

Generally speaking, the courts will determine what is a fair division.

If you need legal help regarding divorce law and the division of finances and property on divorce, then complete our free legal enquiry form on the right or click here.

Behaviour in financial proceedings is not considered on the basis of moral or emotional conduct. Infidelity or domestic violence is only taken into to account if it has a financial impact.

The aim of the law is to arrive at “fairness”. Although a starting point may be 50% each the overall situation of the parties may mean a departure from equality in certain circumstances. For example, consideration is given to the facts in each case including:

1.age of the parties (including life expectancy of each party in respect of future income) and length of the marriage

2.contribution both in financial and other ways (including bringing up children and inheritance)

3.resources and needs of the parties

4.standard of living during the marriage

If there are children, the first consideration is their welfare, including their housing needs, and this may impact on the overall financial settlement. Children are of paramount consideration.

If you need legal help regarding divorce law, then complete our free legal enquiry form on the right or click here.

PARENTS WHO SEPARATE - SOME HELPFUL INFORMATION

When parents separate, and there are children in the family, it is important to remember that it is a stressful time for everyone, and potentially most confusing for the children. Whilst it appears from research that the best outcome for children is for the adults involved to try to help the children to maintain contact with both parents, and to minimise hostility whilst promoting harmony, it is clear that there are some things that parents can do which help children to cope:

Parents should:

• try to give the children as much information as you can about what is happening, and what is likely to happen next, particularly if either the child or the other parent is going to live in a new home. Be reassuring;
• encourage the children to go on having a relationship with the other parent, and the rest of their extended family and other important people;
• listen to the children, giving them time to express feelings and worries;
• try to agree with the other parent what the children will be told (if possible, talk to them together if you can), what the school will be told and what any other important people will be told; and
• think about a plan for their independent parenting.

Parents should try not to:

• blame the other parent in front of the children, or undermine their relationship with the children
• allow the children to feel that it is their fault
• involve the children as “go betweens”, or burden them with information that should remain confidential to the adults only
• assume that a quiet child is OK – he or she may be finding it hard to express concerns when you are upset yourself. Perhaps someone else can help and listen to the child.

If you need legal help regarding divorce law, then complete our free legal enquiry form on the right or click here.

Additional Topics 1 - Divorce Law & Divorce Lawyers

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