Cheryl Singer & Associates Solicitors can provide assistance for a range of matters relating to family law, whether you are married or in a de facto relationship, including the following:
- Divorce
- Legal separation issues
- Property settlements
- Parenting settlements
- Parenting plans for child custody and visitation
- Spousal maintenance
- Binding Financial Agreements
- Prenuptial agreements (prenups)
- Annulment of marriages
- Family Mediation
- Legal representation at Family Court
- Child support and enforcement of payments
- Guardianship of children and parental rights
Frequently asked questions
What do I need to prove in order to get a divorce?
In Australia, there is no need to provide any reasons for divorce other than that the relationship has broken down irretrievably. If you’ve been separated for more than 12 months, the court takes this as evidence of the fact, and even if you still live separately under the same roof, you can still obtain a divorce provided you swear to the separation in your divorce application. The divorce merely changes your legal status from married to divorced but does not deal with how your property and assets are to be divided or who is going to care for the children.
What do I need to apply for a divorce?
You will need your marriage certificate, identification, and proof of citizenship (if you were not born in Australia).
How long does it take?
When you lodge your application the court will advise the date of the hearing, usually within 2 – 3 months. The hearing is not long and you may not need to attend. If the divorce is granted by the Court, the divorce order becomes final in one month and one day from the date of the hearing.
What about the children?
The court needs to be satisfied that your children are being taken care of before a divorce will be granted, but will not expect that you have a formal agreement in place in regard to child custody.
Parental responsibility and living arrangements for children following a relationship breakdown are dealt with separately to the divorce either in the Family Court, Federal Circuit Court or by way of a parenting plan being agreed upon between you and your ex-partner. The Court always considers the best interests of the child.
What about property?
If you and your ex-partner have property and assets to divide, this aspect is more important than getting a divorce. You may be able to reach agreement with your ex-partner without having to go to Court. However, bear in mind that if you can’t reach agreement, a formal application for property orders must be lodged within 12 months of your divorce becoming final. If you haven’t done this we can advise you on alternatives.
We know that a relationship breakdown can be very traumatic and we ensure that your situation is treated with sensitivity and compassion whilst supporting you to make decisions using our expertise to effectively resolve your family law issues.
Contact us to arrange a consultation with our experienced family lawyer.