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Divorce & Separation

If you have been separated for some time or your marriage has broken down you may be thinking about divorce. At Adams Wilson Lawyers we understand the end of a relationship can be difficult for everyone involved. Our experienced family lawyers know how to handle separation and divorce cases with sensitivity, ensuring the process happens as smoothly and stress free as possible in each individual situation.

Applying for Divorce

Before you can apply for divorce there are a number of requirements you need to meet;

Divorce applications are heard before a Registrar of the Federal Circuit Court of Australia. In certain circumstances, you will need to attend the hearing of your divorce. Usually, you will be required to attend if there are children of the marriage under the age of 18 or the divorce is being contested by the other party. Our family lawyers are experienced in representing clients for their divorce and can assist you with the preparation of your application, responding to a divorce and represent you in court.

Divorce is the process of ending a marriage so that you are no longer legally married to the other person. It is not to be confused with a matrimonial property settlement or parenting, which are a separate procedure. Although, it remains essential that you have one of our lawyers prepare a thorough divorce application on your behalf as the processes are inter related and information provided in your divorce may be relevant in other proceedings, particularly in relation to children of the marriage and spousal maintenance. Also time frames apply, for example, you will need to file property proceedings within 12 months of the date of the divorce. Failing which you would have to apply to the court for permission which can be costly and there is no guarantee you will be successful.

Even if you have already resolved your property settlement and parenting arrangements. It is still important for you to get divorced as there are legal implications of being married in relation to your finances and estate planning (Will). You will also be unable to marry somebody else, unless you are divorced.

Separation

Since 2009 de facto couples that separate could obtain property settlements under the same principles that apply to married couples under the Family Law Act. If you and your de facto partner were in a relationship for at least two years but have since separated, it is advisable to seek a family lawyer for property settlement matter.  

A de facto relationship can be between two people of either opposite or same sex.  You will be considered de facto if:

  1. You have lived together as a couple for two years
  2. There is a child or children of the relationship

Other considerations for de facto relationships include:

Declaring a de facto relationship for the purpose of separation and settlement can be quite complicated. Make sure you have an expert on your side to protect your interests.

What Next?

If you are separated from either a marriage or de facto relationship, or you’re seeking a divorce, it’s important that you get legal advice as soon as possible to prevent the problems and issues that may arise. Talk to the experienced Family Lawyers at Adams Wilson for strategic advice on how you should proceed.