We understand that divorce, separation, and other family law matters can be complex and present a heavy toll on all those involved, especially children. 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 to be made and it is important to have expert advice right from the beginning. Most matters can be settled without going to court, either informally or through consent orders or other legal documents.
Divorce
An application for divorce can be made if a marriage has irretrievably broken down. It does not require the consent of both partners. A couple must be separated for 12 months before a divorce application can be made, but separation does not necessarily require you to live in separate residences. If you have children under the age of 18, the court will also need to be satisfied that proper arrangements have been put in place for the care of those children.
A divorce order is not required before settling your financial affairs or putting in place parenting arrangements. However, if a divorce has been granted there is a 12-month limitation period within which to bring court proceedings for property settlement or spousal maintenance. If you are outside of the 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 have not been legally married, a number of factors will be considered to determine whether they were in a de facto relationship, for example, 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 you were in a de facto relationship to pursue a family law matter, and our team can help you with that process.
For de facto partners, any court proceedings for a property settlement must be commenced within two years of separating. However, once again, extensions can be obtained in some circumstances.
Property settlement
A property settlement involves the division of assets, liabilities, and financial resources between a couple whose relationship has broken down, and legally finalises their financial affairs. A legal property settlement enables the parties to move on with their respective financial activities and may facilitate stamp duty concessions when transferring certain assets such as real estate.
The division of assets can be achieved through a financial agreement, consent orders or court proceedings. It is essential that you are aware of all financial implications before you finalise 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 financially for the other and may apply to both marriage and de facto relationships.
An order for spousal maintenance is generally made for a limited period of time with the intention of providing a former spouse with some support while they re-establish themselves and set up for their future. Orders can be made on an urgent, interim, or final basis and can provide for 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. A party can be ordered to pay both spousal maintenance and child support, however, the court may take into consideration any child support payable when determining an application for spousal maintenance.
A spousal maintenance application requires careful preparation, and a number of financial documents will be needed as evidence. Our lawyers can help you to understand your prospects of success for a spousal maintenance application and prepare the evidence required.
Parenting arrangements
Parenting arrangements can address issues such as where children live, how much time they spend with each parent and other specific issues in relation to education or healthcare. Under family law legislation parenting arrangements must be made in the best interests of the child. There is a presumption that shared parental responsibility is best for the child, but this will not be the case in all situations. Shared parental responsibility means that parents are required to 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 Family & Divorce Lawyers in Adelaide
No matter what your circumstances, our experienced Adelaide family lawyers team is here for you. We recommend alternative dispute resolution processes wherever possible to help deliver workable, cost-effective solutions while ensuring that your interests and legal rights are protected every step of the way. Should your matter not be resolved out 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.