Divorce

We understand most people don’t know where to start when they are contemplating separating from their spouse, or have just separated. We can serve as the ‘lighthouse’ to help find your way. The first step is to reach out.

Meeting with us does not mean that your matter goes to Court. Most clients meet with us so they can understand how the law applies to their situation, what their rights and responsibilities, and set goals to aim for in discussions with their partners.

Our initial fixed fee consults can cover topics such as property settlement; child support; child custody and parenting arrangements; and spousal maintenance.

When an agreement is reached, we can help prepare the ‘paperwork’ to ensure that your agreement is legally binding. More often than not, it is better to obtain an agreement as soon as possible after separation. Events after separation can complicate what each party feels they are entitled to.

We can of course help clients negotiate when they are unable to reach an agreement with their former partner, or it is unsafe or impracticable for them to communicate with their former partner.

What do I need to know?

In Australia, a Divorce simply legally terminates your marriage. It does not resolve financial or parenting matters. Once a Divorce has been granted, parties have 12 months from the Divorce’s effective date to apply for financial orders (ie. a property settlement). Your property settlement could be prejudiced by the timing of your Divorce. It is generally better to tackle financial matters first, before your Divorce.

You can apply for a Divorce after you and your spouse have separated for at least 12 months. At times, separation can include living under the one roof but not as legal spouses. The Court will look for specific changes in determining whether this has occurred.

Other key considerations include:

Do you have the Marriage Certificate? Is it in English?
How do you prove that you have separated for at least 12 months.
Are you eligible for a reduction in the Court’s Divorce filing fee?

How will you notify your former spouse about Divorce Application (this is the legal process called ‘service’)? How might you serve, or avoid serving, a spouse you cannot find or is living overseas?
Will you need to attend a Divorce hearing?
How will your Divorce affect your financial and parenting arrangements?

We can help you navigate through the legal process and procedures. In some instances, we can even offer a fixed fee.

Let’s chat

Use our form to discuss your legal enquiry. Please be as detailed as possible.

Or call us for a free no-obligation quick chat. Even if you are unsure if it is a Family Law problem, we can point you to where to start.

0422 933 232
167 Flinders St, Adelaide SA 5000