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We understand that divorce, separation, and other family law matters can be complex and place a heavy toll on everyone involved, especially children. Accordingly, this is a difficult time for all, and our family lawyers in Adelaide are acutely aware of the need to provide clients with practical advice in a timely manner.
We can assist across a range of family law matters, including:
- Divorce applications
- Property settlements and consent orders
- Children’s matters and parenting arrangements
- Child support and spousal maintenance
- Urgent recovery applications and international travel
- Binding financial agreements and pre-nuptial agreements
- De facto relationships
Moving forward requires complex decisions, and therefore it is important to have expert advice right from the beginning. Fortunately, most matters can be settled without going to court, either informally or through consent orders or other legal documents.
Divorce
You can make an application for divorce if a marriage has irretrievably broken down. Importantly, the process does not require the consent of both partners. A couple must be separated for 12 months before they can make a divorce application; however, separation does not necessarily require living in separate residences. Additionally, if you have children under the age of 18, the court must also be satisfied that proper arrangements are in place for their care.
You do not need a divorce order before settling your financial affairs or putting parenting arrangements in place. However, once a court grants a divorce there is a 12-month limitation period within which you must bring court proceedings for property settlement or spousal maintenance. If you are outside this limitation period, you may still have a right to bring court proceedings depending on the circumstances of your matter.
De facto relationships
De facto couples can also access remedies under family law legislation. When a couple has not been legally married, the court will consider several factors to determine whether a de facto relationship existed. For example, the court may examine the length and nature of the relationship, financial dependence or interdependence, the care and support of children, or whether the relationship was registered under state law.
In some cases, you may first need to prove that a de facto relationship existed before pursuing a family law matter. Our team can assist you with this process.
For de facto partners, you must commence any court proceedings for a property settlement within two years of separation. However, extensions may be obtained in some circumstances.
Property settlement
A property settlement involves dividing assets, liabilities, and financial resources between a couple whose relationship has broken down and legally finalises their financial affairs. As a result, a legal property settlement enables the parties to move forward with their respective financial activities and may facilitate stamp duty concessions when transferring certain assets such as real estate.
Parties can divide assets through a financial agreement, consent orders, or court proceedings. Therefore, it is essential that you understand all financial implications before finalising a property settlement.
In some circumstances, it may also be appropriate to seek other forms of financial support, for example spousal maintenance.
Spousal maintenance
Spousal maintenance means that one person from a former relationship provides financial support to the other, and it may apply to both marriages and de facto relationships.
Generally, the court makes an order for spousal maintenance for a limited period with the intention of providing a former spouse with support while they re-establish themselves and prepare for the future. The court can make orders on an urgent, interim, or final basis and may require payments to be made periodically (for example, fortnightly or monthly) or in a lump sum.
Spousal maintenance is separate from child support and child maintenance payments, which are paid for the benefit of a child. In some cases, a party may be ordered to pay both spousal maintenance and child support. However, the court may take any child support payable into consideration when determining a spousal maintenance application.
Preparing a spousal maintenance application requires careful preparation, and you will need several financial documents as evidence. Our Adelaide family lawyers can help you understand your prospects of success and prepare the required evidence.
Parenting arrangements
Parenting arrangements can address issues such as where children live, how much time they spend with each parent, and other specific matters relating to education or healthcare. Under family law legislation, parenting arrangements must be made in the best interests of the child. Generally, the law presumes that shared parental responsibility is in the child’s best interests; however, this will not apply in all situations. Shared parental responsibility means that parents must consult each other regarding long-term decisions for the child and does not necessarily mean that the child will spend equal time with each parent.
Parenting arrangements can be achieved through a parenting plan, consent orders, or court proceedings.
Speak to Our Adelaide Family Lawyers
No matter what your circumstances, our experienced Adelaide family lawyers are here for you. Wherever possible, we recommend alternative dispute resolution processes to help deliver workable, cost-effective solutions while ensuring that your interests and legal rights remain protected every step of the way. However, if your matter cannot be resolved outside of court, we are competent advocates with a strong working knowledge of family law court processes and systems.
If you need assistance, contact one of our lawyers at [email protected] or call 08 8155 5322 for expert legal advice.