Divorce
You may need legal help through divorce or separation
If you have decided to end a marriage and go through divorce, there are many legal aspects in the divorce process that you should know.
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Separation process before divorce
- Under Australian law, you have to prove that your marriage has ‘irretrievably broken down,’ in order to obtain a divorce, you must have been separated for at least 12 months. It is possible to be ‘separated under one roof’ if certain criteria are met. If you are separated under the one roof, it is important to get legal advice.
Children Matters during/after separation and divorce
- Parental arrangements
- Financial issues for children after divorce or separation
- If you have children under the age of 18, a court can only grant a divorce if it is satisfied that proper arrangements have been made for them
Property matters when separation and divorce
- A divorce order will not include property arrangements, you may need the legal advice on how to divide properties after divorce
- Consent orders
- Property settlement after separation or divorce
Apply for divorce
- Divorce is applied to the Federal Circuit Court for a divorce, or if you are in Western Australia, it will need to be applied to the Family Court of Western Australia.
- You can apply together (a ‘joint application’), or one person may apply (a ‘sole application)
- Divorce can be applied for online
Going to court
- If the couple can’t meet the arrangements about related issues at divorce or separation, you may need to go to court
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Legal & Support
Be aware of what you post on Facebook and send via email which may affect the judge’s final decision during the divorce proceedings.
It is of great importance that parents find a proper approach to inform their kids about their separation to avoid extreme and negative influence on their mental life.
It is important that you are conscientious with your own issues and your own money if you would like to obtain a responsible family lawyer.
Family lawyers at Dev Smith Nguyen prefer working in harmony, lay your trust in us and our team will do our best to make you enjoy our companion.
According to South Australia’s family law, you can reach the final property settlement of your marriage breakdown by contested or uncontested property settlement.
Though it is not a typical decision during a divorce and property settlement process, changing your family lawyer should be considered under certain circumstances.