Separation & Divorce
Divorce is not a delightful experience to go through. If the parties have made a painful decision to divorce, talk to us for some useful family law advice.
We will guide you through your divorce and separation.
Divorce Application – How do I apply?
If the parties are separated for 12 months or more, the parties may file a divorce application to the Court.
Contact us to arrange a meeting. We will discuss with you and listen to your story. Once you accept our quotation, we will file a divorce application on your behalf.
Separated but living together
Yes, it is possible to separate from your partner but to still live together. This is often the case when one or more party cannot find it financially viable to move out. It may also be a decision based on the care of children.
Naturally, many aspects of life can become complicated in this scenario, such as who pays the bills, what happens with joint accounts, who is responsible for debt etc.
There are also many legalities that are tied up in establishing that parties are in fact separated while they continue to cohabit.
Many things can be subject to change on a legal basis such as child support, government payments, i.e. Centrelink, and the instigation of divorce proceedings.
We suggest you read this blog for more valuable insight into this topic. Discuss your situation with us in the first consultation.
Service of Divorce Documents
We will discuss your situation in detail and make sure that your ex-partner receives the Court documents. This is an important step that should not be missed.
If you have trouble locating your ex-partner, please let us know and we will discuss an alternate solution with you.
Property Assets Division
“Who gets what” following a relationship breakdown (whether divorce or separation) is far more complex than some might expect. It is rarely as simple as splitting assets on a 50/50 basis.
The general legal rule is that assets are split according to what is “fair and equitable”. Of course, in establishing that is where legal representation comes into the picture.
Generally, it is best to settle any joint properties with your ex-partner as early as possible. Relationships usually deteriorate over time, and negotiation becomes much more difficult as the relationship gets worse.
You may divide joint properties with your ex-partner even before divorce. We will explain to you how this can be done.
When we have sufficient information from you and your ex-partner, regarding the financial and non-financial circumstances, our property settlement lawyers will be able to estimate a ballpark figure for you.
If you are looking for a fair settlement, there are many important things to know. To become aware of the issues and legalities you should read our blog.
Other Important factors
There are some ‘strategic’ aspects too when it comes to divorce and separation.
- What is the best way to separate with your partner?
- What happens with your home?
- Did you talk about spousal maintenance with your partner?
- Can your partner ‘kick’ you out, or vice versa? and
- What is the best for your children?
Contact Us
If you would like to have more information about separation or divorce, feel comfortable to talk to our family lawyer for legal advice.
You may fill out the form set out in the page “Contact Us” to have an initial consultation, or send us an email at info@timeslawyers.com.au, we will contact you directly.