

Separation
If you do separate, you and your former partner may need to make some immediate decisions on practical issues including:
• Where the children will live.
• How much time the children will spend with each parent.
• How decisions regarding the children will be made.
• What arrangements will be made for financial support of the children?
• How your property will be divided; and
• Whether one partner will need to provide ongoing financial support for the other.
We can assist you make the right decision specific to your personal circumstances.
Divorce
When you apply for a divorce, the Family Law Act does not take account of the causes of marriage breakdown. It only requires that the marriage has broken down irretrievably. Irretrievable breakdown is proven by a 12-month separation of the parties. If you are married and you have been separated for at least twelve months, you can apply to the Family Court or Federal Magistrates Court for a divorce.
If you have been married for a period of less than two years, you will normally require a counselling certificate before applying to the Court for a divorce. If you have children, the Court has to be satisfied that you have made proper arrangements for your children’s welfare before granting a divorce.
Divorce marks the legal end of your marriage. However, your divorce will not settle the parenting of your children, child support, and the division of the property of your marriage or spousal maintenance. These issues are dealt with separately.
How does the Family Court divide assets in Property Settlement cases:
Does the Court exclude Pre-Marital Assets, gifts and inheritances?
Pre-marital assets, gifts and inheritances assets are not excluded but may in many circumstances be so significant that significant “credit” is given to the party who was responsible for bringing in the asset into the marriage.
Is domestic Violence and conduct or misconduct relevant in property proceedings ?
The simple answer is “yes”. It is an established principle that when the actions or conduct of one spouse makes the other spouse’s contributions “significantly more arduous than they ought to have been”, then this can result in that party obtaining a greater share of the assets.
Case specific approach
We approach each case on a case specific basis each family situation is very different and in taking the time to understand your specific circumstances is what guarantees you that we do understand how you are feeling and guarantees you the best outcome for your circumstances.
Does the size of the case matter?
Absolutely, the size of the asset pool is a very relevant factor in property cases, but the approach to be taken in determining the proper result does not vary.
How are special contributions taken into account?
Special contribution by a party can significantly affect the divisions of assets. Click here for more information: How are Special Contributions in a marriage assessed ?
- How does the Court make decisions about Children?
- De Facto Relationships
- Pre-nuptial & Binding Financial Agreements
- International Child Abduction and overseas clients
- Custody – Child and sexual abuse
- Keeping the matrimonial home
- Can a former spouse or ex-wife claim on a will-deceased estate?
- Mediation