Partners in Family Law can help you:
- Decide if applying for a divorce is in your best interests;
- Determine when you will be able to obtain a divorce;
- Help you obtain a divorce from the Family Court;
- Advise you about child support, spousal maintenance and any other obligations if you separate from your partner;
- Advise you about any court deadlines that apply to you.
Many clients approach us for assistance in obtaining a divorce. In general terms, divorces can be sought where a married couple has been separated for at least one year. However, you can sometimes apply for a divorce earlier if you and your partner have been living ‘separated’ but in the same home for a period of time. At Partners in Family Law we can guide you as to the best time to apply for a divorce and the most efficient method for doing so.
Because a divorce can have a significant legal impact on you and your children, you should always seek legal advice before you apply for a divorce.
- For example, we can advise you on whether or not some of your income (for example, trust benefits) depends on you being married.
- We can also help you reach agreement about the division of your and your partner’s property and have the agreement set out in a legally binding document, and ensure that any legal proceedings are commenced within the legal time limit of one year after your divorce.
- We can also advise you on whether you or your partner may be entitled to ask for spousal maintenance within a year of your divorce.
If you seek legal advice before an application for divorce is commenced, Partners in Family Law can advise you about what is best in your circumstances.
Separation of people in a de facto relationship (including same sex relationships) also has significant legal effects.
- In general terms, you have a window of 2 years from separation during which to reach agreement or ask the Family Court to divide your property or to seek spousal maintenance.
- We recommend that you seek legal advice from Partners in Family Law as early as possible to ensure that assets are protected and all taxation and other consequences of the separation are addressed.
- Partners in Family Law can advise you whether there are some preliminary steps that should first be taken before you separate, which might affect your outcome regarding children or the division of your and your partner’s property.