FAMILY LAW - THE IMPORTANT FACTS
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Divorce is the legal recognition of the end of your marriage. You can obtain a divorce if your marriage is irretrievably broken down and you have been separated for at least twelve (12) months. |
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You must resolve or institute proceedings for property settlement and spousal maintenance within twelve (12) months after you have obtained your divorce (otherwise you will have to seek the leave of the Court to do so). |
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You can commence negotiations or file an Application for property settlement immediately upon separation from your partner as the result of the breakdown of your relationship. |
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You can obtain orders for spousal maintenance and child maintenance (if applicable) but you have no immediate right to receive monies. |
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In relation to child maintenance you need to lodge an Application with the Child Support Agency (through your nearest Social Security Department branch) if you have separated and if your child was born after 1 October 1989. |
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At law, you and your partner, as parents of your children, both have full duties and powers of parental responsibilities. |
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The Court can (but there is no necessity) make Orders called Parenting Orders relating to your children. These Orders deal with such issues as who the children are to live with (residency orders); when the children are to see the other parent (contact orders); and specific issues (for examples, schooling and health issues). |
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Parenting Orders are never final, but if you wish to change them, you must show to the Court's satisfaction that there has been a change in circumstances that warrants a change being made to the Orders. |
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It is important upon separation to resolve the issue of property settlement and to have any agreement recorded in a Consent Order (filed and approved by the Court) or enter into a Binding Financial Agreement pursuant to the Family Law Act. |
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Unless a property settlement is determined by an Order of the Court or through an agreement recorded in a Consent Order or a proper Binding Financial Agreement pursuant to the Family Law Act, then the issue of property is always potentially "alive" and either party can institute proceedings in the future. |
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There may be costs savings and advantages in transferring property and executing documents pursuant to Family Court Orders or Agreements. This involves capital gains tax and stamp duty exemptions. |
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It is important that upon separation and the breakdown of your marriage that you immediately examine the terms of your Will and have a new Will prepared to reflect your change in circumstances. |
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Upon separation, it is also important to examine any Superannuation policies that you have and in particular as to who the named beneficiary is in those policies and whether you wish to change the beneficiary (as in many cases this will be your spouse). |
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Dear Joe,
For once I find myself out of words to express my gratitude and thanks for the wonderful work that you have done for my children.
Many thanks to you, to Brett and anyone else in your office involved in getting the case through.
My children are finally going to feel and "act" normal again! What a relief. They wish to pass their thanks as well.
Regards
Elie
