A Certificate of Divorce formally ends your marriage. Following a separation, married couples in Australia can apply for a divorce if their marriage has broken down irretrievably. If this is the case, your next step is to look into a legal divorce.
Kingsley Lawson’s divorce lawyers can prepare, file and arrange service of your Divorce Application as well as attend at the Court Hearing.
∗ Ascertain date of separation. You have to be separated for at least twelve months before you can obtain a divorce.
∗Start gathering together documents to create a list of assets, liabilities and superannuation. This will be important for the property settlement between you and your ex-partner.
∗Parenting arrangements – are you in a position where you agree on how to co-parent your children following your divorce?
A divorce is stressful and emotional, and an experienced divorce lawyer will make sure that the end of your marriage or de facto relationship is fair, equitable and legally enforceable. Our experienced and compassionate family law lawyers at Kingsley Lawson will help you achieve:
The Family Law Act and case law have established a process to determine how the property (including superannuation entitlements) of married and de facto couples are divided. The first step is to identify and value the property of the parties. Following this, both parties contributions including financial and homemaking and parenting are assessed, before a further assessment is made by the parties future needs.
Superannuation is treated as property and can be divided between the parties to a married or de facto relationship although the splitting of superannuation does not convert its value into cash as it is still governed by superannuation laws and will generally only be accessible at retirement age.
Our experienced family lawyers can guide you through this process by assisting with informal negotiations or mediation with your former partner and/or their legal team.
If an agreement is unable to be reached married couples must apply for a property settlement within 12 months of the date of their divorce and de facto couples must apply for a property settlement within 24 months of the date of their separation.
A parenting agreement includes factors such as child support and living arrangements. In relation to child support, the amount of child support that parents contribute to the costs of raising their children is usually assessed by a formula that looks at the income of each parent and the ages and living arrangements of the children. Our family law specialists can advise you about how the assessment works and what your legal rights and obligations are. We highly recommend seeking legal advice to ensure you are receiving or contributing the correct amounts to avoid further consequences in the future.
With respect to parenting arrangements, although the law focusses on what living arrangements are in the best interests of children, our lawyers can ensure that this is adhered to and your rights, as well as the rights of your children are protected.
Reaching a property settlement can be complex and stressful. Kingsley Lawson Lawyers strives to provide prompt, no fuss advice in relation to settlement options, and where possible, avoids unnecessary conflict.
If you are about to embark on divorce proceedings and require the best advice possible, we invite you to contact us today either by phone or online by using the contact us form below.