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Divorce & Separation

Divorce Part 2 – Common Questions

There are many questions that people will ask us when they approach us for help and we have compiled a list of the most common ones:

Can I get a divorce quickly?

As much as you would like to finalise proceedings, there are a few requirements that you need to comply with, in order to be granted a divorce.
You must have been separated for 12 months and one day to apply for a divorce, if you have been married for less than two years, you will be required to attend Court- ordered mediation.
From application to finalizing a divorce, it usually takes a MINIMUM of four months. This does not include any litigation over Property Settlement or Parenting Arrangements.

Can I remarry the day I receive my divorce papers?

Your divorce is not finalised until one month after you receive your divorce certificate. So that means you must not marry within that time period or it will be considered bigamy!

Do I have more rights to assets if my partner had an affair?

Divorce in Australia has a ‘no fault’ principle evident in the Family Law Act 1975. This means that there are no requirements of proof for the separation, other than the ‘irretrievable breakdown’ of the marriage following a 12 month separation.

Who gets the children?

The Attorney-General’s Department states “The Family Law Act 1975 focuses on the rights of children and the responsibilities that each parent has towards their children.” Parenting Arrangements are usually handled with legal advice if you and your ex partner cannot agree. It can become overwhelming and litigation can be costly.
This link to the Attorney- General’s Department also supplies information on how best to support your children throughout your divorce:
https://www.ag.gov.au/families-and-marriage/families/children-and-family-law

Can I change my name?

You can change you name at any stage of your divorce. If you would like to also change your children’s names, then both parents must give consent.

Who gets the house?

The Courts will look at financial and non- financial contributions when determining division of property (which will appear in more detail in the next blog).
Financial arrangements can become tricky. You will need to apply within 12 months of your divorce being granted if you wish to apply through the Courts. There is an alternative called a Financial Agreement. If you want to stay out of Court with the Financial Agreement you will need legal representation.

You will have many questions specific to your situation. We have seen many clients throughout the years overcome obstacles that divorce presents. We will help you get the best outcome.

Categories
Divorce & Separation

Divorce Part 1 – Where do I start?

Divorce – Where do I start?

If you are thinking of separating, you are not alone, and it is not an anomaly. You married a person thinking that you would stay together forever, but the reality is not always so simple or practical.

The word ‘divorce’ stems from the Latin word ‘divortium’ which means ‘to separate’. The earliest laws pertaining to divorce are from Babylonia in 1760, at the time of King Hammurabi’s reign.

Interesting facts aside, divorce brings with it sadness, grief, anger and resentment and it can be difficult to navigate the separation process in a time of emotional turmoil. It is even more prevalent with the current pressures of COVID.

According to theseparationguide.com.au, there has been an 85% surge of requests for marriage and family counsellors or a psychologist since the pandemic began.

Australia has followed the trend of countries like the US and the UK as their divorce rates continue to rise during the pandemic, and this has many contributing factors such as:

  • Intense close contact
  • Family violence
  • Financial stress
  • Unequal household duties/ parenting responsibilities
  • Working from home

Keeping perspective whilst enduring upheaval is important.

As difficult as it may be, feelings are often temporary and there are facts that you need to know going forward. If you can agree on financial and child- care arrangements with your ex-partner, then you do not have to proceed with litigation. It is a matter of filing with the Federal Circuit Court or Family Law Court.

The most important thing about any separation is to remember that it is much like a business transaction. This is the first thing that will help you understand the process of divorce.

Why should you think of it as a business transaction? It is because when there are matters regarding property and division of assets, there is a general guide as to what the Court follows- and that does not include emotional ‘costs’ (which will be explained in our next two blogs).

Categories
Divorce & Separation

Did you see your Kids Over Christmas?

In Australia there is a presumption that parents will have equal responsibility and shared decision-making duties when it comes to children.

Have your children expressed that they want to spend more time with you and that they miss you?

As we enter ‘normal’ life of school, homework and sports, we realise how short life is. They will grow up quickly and time becomes even more full as they attend friends’ parties, go away on holidays and eventually become busy with work commitments.

Children need healthy relationships with both parents and we can help you put this in writing. We
have helped hundreds of families do the same. Don’t miss out on quality time and your kids’ childhood.

Call us on 4323 2266.

If you require someone to speak anonymously about your life circumstances, please reach out:

LIFELINE : 13 11 14

Beyond Blue Coronavirus Mental Wellbeing Support Service – 1800 512 348

https://coronavirus.beyondblue.org.au/

There are also services offered on Beyond Blue from online forums to online chat services.