Separation is a major step for any relationship and can affect everyone differently - shock and denial, anger and blame, sadness and depression – it can be a real rough time.
When separating from a partner, there are some immediate decisions you need to make concerning your children and your assets. You and your partner may not be able to agree on all these things at the time of separation, but it can greatly help you and your family if you try to reach a temporary agreement.
Some things you need to consider when going through a separation;
- Where your children will live and who will be the primary carer
- How you and your partner will support yourselves and your children
- Who will pay the outstanding bills or debts
- Who will get the family home
- How will the rent or the mortgage be paid
- What will happen to any joint bank, building society or credit union accounts
- What will happen to the car, house, furniture and other property
When it comes to dealing with separation and disputes, George Lawyers do so with care - ensuring you are comfortable throughout the process. If you are going through a separation and need legal advice give us a call today!
Just like a separation, divorce can be a messy situation and applying for one can be even messier.
The Family Law Act 1975 established the principle of no-fault divorce in Australian Law. When granting a divorce, the Court does not consider why the marriage ended and the only ground for divorce is that the marriage broke down and there is no reasonable likelihood that the parties will get back together. The granting of a divorce does not determine issues of financial support, property distribution or arrangements for children. It simply recognises that the marriage has ended.
You can apply for a divorce in Australia if either you or your spouse:
- regard Australia as your home and intend to live in Australia indefinitely, or
- are an Australian citizen by birth, descent or by grant of Australian citizenship, or
- ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated.
But it’s not just the divorce you need to deal with, it is also the negotiations with your partner on financials situations, family issues and the assets involved. It can all get overwhelming and complicated, especially if your separation was a messy one – George Lawyers can represent you and try make things a little bit easier on your behalf. Give us a call today!
When you’re going through a separation or divorce, one of first things that come to mind is your children. Who will look after them? Where will they live? Who will you/the carer support them? You want to make sure they are always protected and the best decisions are made for them.
From the process determining who the children live with and spend time with (previously called the custody process) to child support and financial issues, to agreements and making the right decisions legally – George Lawyers can help you plan ahead and make the best decisions for you and your family.
When it comes to settling on an agreement or arrangements after a divorce, there are a couple ways you can do it. You can go through the courts or sit down (usually with a lawyer) and make an agreement with your partner.
Reaching an agreement with the other party offers many advantages, such as:
- you make your own decisions
- you greatly reduce the financial and emotional costs of legal proceedings
- your continuing relationship as parents, if you have children, is likely to work better
- you are able to move forward and make a new life for yourself, and
- you may improve communication with your former partner and be better able to resolve disputes in the future.
A non-court settlement can be done to divide your property and assets. Usually done through a financial agreement or an agreement formalised by applying for consent orders in which you ask a court to make orders in the terms of your agreement. Both must sign the agreements and have received legal advice before signing.Whether you need to settle in the courts or through a mutual agreement, George Lawyers can represent you and help you through the whole process.
Just as if you were married, similar laws apply in the case of a separation.
If you have separated from a de facto relationship, you can apply to the Family Court or the Federal Circuit Court to have financial matters determined in the same way as married couples.
You must apply for de facto financial orders within two years of the breakdown of your relationship. After this time, you need the Court's permission to apply. Before the Court can determine your financial dispute, you must satisfy the Court of all of the following:
- you were in a genuine de facto relationship with your former partner which has broken down
- you meet one of the following four gateway criteria/li>
- That the period for the de facto relationship is at least 2 years
- That there is a child in the de facto relationship
- That the relationship is or was registered under a prescribed law of a State or Territory
- When assessing property or custodial claims in cases of a breakdown of a relationship, it is recognised that significant contributions were being made by one party and the failure to issue an order would result in a serious injustice
The Family Court and the Federal Circuit Court deal with issues related to the children of de facto relationships in the same way as the children of married couples too. Give us a call if you need help in this area.