Separation and Divorce
Separation is a highly stressful state for everyone involved. Invariably there are arguments, accusations and allegations made, and emotions are high.
Your concerns are both immediate and long-term. What about the house? Where will I live? How will I pay my bills? What about the children?
While talking with family and friends may help your emotional state, talking with a divorce lawyer is essential to start to unravel the financial relationship.
Our responsibilities as your divorce lawyers are to listen to your story, understand the core issues around assets, debts and children, and to explain your rights and responsibilities to you before applying for a divorce.
We also help you put together property settlement and financial and parenting agreements that will quickly enable you to get back on your feet and continue with life.
When should you engage a divorce lawyer?
If you and your spouse have separated or are seriously thinking about a split, engage us immediately, as it is likely your spouse has already engaged a lawyer. You need our experience to handle and respond to any communications you receive from them. Many opposing divorce lawyers will try to get the upper hand by acting quickly.
How to contact us
Call us on 07 3849 8170 during business hours or complete the contact form and we will get back to you. Be assured that our call to you will be discrete; we will always check first that it is safe for you to talk and will not email or SMS you without prior permission.
The downsides of delaying...
Strict time limits apply for a claim for property settlement arising from a breakdown of marriage or de facto relationship, so you need to obtain sound legal advice from your family lawyer urgently.
You also need to seek us IMMEDIATELY if you are served with any Application to the Federal Magistrates Court, the Family Court of Australia or a Magistrates Court exercising Family Law jurisdiction, as there are strict time limits for filing your material in response to your estranged partner’s Application.
Failure to respond on time may seriously prejudice your rights in respects of parenting issues, to preserve family property from erosion, to restrain your spouse from transferring the title of family assets to themselves or third parties, or to take out loans for their sole benefit by pledging the security of family assets to a financial institution without your knowledge or consent.
We do not want you to feel threatened or intimidated by any verbal or written correspondence so by engaging us now, we may be able to gain the upper hand by acting first.
Every circumstance is different. You may need immediate financial support, shelter, child care and our role in these circumstances is to negotiate short-term financial support while the more detailed financial settlements are negotiated.
In the event of violence
If you or your child have been the victim of violent behaviour; either physical or emotional, or have been seriously threatened with violence, you should immediately contact us to arrange a restraining order.
Do you have a gender preference for your divorce lawyer?
We have both female and male divorce lawyers so when you call us please indicate your preference.
Here is some additional information that may help…
The divorce process
Financial settlements can be reached and executed without the need for divorce. The divorce process itself is separate and simply involves completing the documentation necessary to dissolve the marriage. The Divorce Application is then filed in the Court, the Court allocates a hearing date usually no less than two months after the date of filing and we arrange for the sealed service copy to be served upon your spouse. An Application for Substituted Service will also need to be filed, if you do not know the whereabouts of your estranged partner.
A divorce is granted when you can satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and that there is no chance of resuming married life together. Yes, it is possible to be separated and live under the same roof.
If you have been married for less than two years, you must seek counselling and, in any event, you must have been separated for 12 months. Again, if this applies to you, speak with us as a matter of urgency.
In the event of children
If there are children under the age of 18, your divorce application must satisfy the Court that adequate and appropriate arrangements have been made for their safety and welfare.
Can you oppose a divorce application?
Only if the information the Applicant’s Divorce Application is false, or you have not been separated for a continuous period of twelve months, or in case of children of the marriage under 18 years, where adequate arrangements have not been made for the wellbeing of the children, do you have you have grounds to contest it. This is a time-limited circumstance and you should certainly have a lawyer assist with this.
When can one of us remarry?
Exercise caution here. Divorces take effect one month and one day after the preliminary Divorce Order is granted granted. If your celebrant or minister does not advise you, ask us.
Please call us now on 38498170, to arrange an appointment to see one of our friendly solicitors. The first 15 minutes of your consultation with us is free if you mention this offer at the beginning of your meeting with us.