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Separation & Divorce
Our Adelaide Family Lawyers understand the divorce is never an easy process. This is why we are here to help. If you and your former wish to apply for a divorce, it is a prerequisite that you have been separated for at least twelve months. From this, you may apply to the Federal Circuit Court for a divorce. However, in the event that you and your former spouse have been married for less than two years, you will need to get a counselling certificate before you are eligible for divorce application. Additionally, if you have children, it is imperative that you and your former partner have made arrangements for your children before attending the court.
After you and your partner have separated, you will need to consider the division of your property. This can be a complex process requiring expert legal advice from an experienced family lawyer. This process can often be put off leading to the disappearance of assets before you receive your entitlements. Our Adelaide Family Lawyers will ensure this doesn’t happen and will get the ball rolling so you can get on with your life. A property settlement entails the division of joint or individual assets such as real-estate, motor vehicles, furniture, bank accounts, businesses, shares, precious items and anything else that has value. This process can take place before you and your former partner have divorced and will firstly involve determining property entitlements by categorising items into contributions and future needs.
If there are children under the age of 18 involved, our Adelaide Family Lawyers encourage you to consider their needs and requirements throughout the division of property. Our Adelaide Family Lawyers have many years of experience in property settlements so engagement of another professional won’t be necessary, saving you time and money.
Parenting & Children’s Disputes
If you are currently in a dispute with your former partner about parenting settlements and arrangements, it is important that you seek immediate legal advice from an experienced family lawyer. By speaking with one of our Adelaide Family Lawyers you will receive quality advice on your current situation and will be guided throughout the entire dispute resolution process. We can do this by negotiating on your behalf while ensuring we are keeping your children and their best interests in mind. In the event that your matter needs to be heard in court, our team obtain many years of experience in the family law court system and will ensure you are given the very best chance of a successful outcome for both you and your children.
Agreements & Orders
Parenting agreements and orders are a requirement for separating parents. They entail a range of considerations such as:
- The child’s living arrangements
- The time spent between each parent and their relatives
- Shared responsibility between both parents
- Child/parent communication and
- Any of other facet of their care which will influence their care, welfare and development
It is always a good idea to seek guidance and advice from an experienced family lawyer in order to apply to the court for a parenting order if need be. Our Adelaide Family Lawyers have a wealth of knowledge in parenting agreements and orders as well as representing clients in court, ensuring you are left with minimal stress.
Family law mediation is a process involving a family dispute resolution (FDR) practitioner who is training in mediation. The FDR practitioner will engage the two parties in a safe environment to encourage the discussion of their thoughts and concerns. The practitioner will assist the two parties in narrowing down their issues so that even if their issues cannot be resolved through mediation, they have a clearer picture of their concerns which will be discussed in court. The mediation process can occur in many different ways including:
- Face-to-face round table conference
- Via phone call
- Via shuttle mediation
The primary objective of child support is to lay a strong foundation for children if their parents have separated. This includes support for food, housing, clothes, schooling, sport and extracurricular activities. Under Australian family law, separated parents are required to support their children financially. The law recognises the significance of both parents contributing to their children and encourages both parents to engage in child support. There are three ways in which you can arrange a child support plan including:
- Through a private agreement with the other parent
- Through a court order
- Through The Commonwealth Government’s Department of Human Services (DHS)
Whichever option you decide is best for you and your current circumstance, obtaining family law advice is pivotal.
Adelaide Family Lawyers Questions, Answered
How do Adelaide Family Lawyers Charge for Their Work?
Adelaide Family Lawyers are resolution-focussed. Our goal is to resolve your family law concern promptly and successfully. For this reason, we are huge advocates of mediation. We are also open to discussing with you our innovative legal fee arrangements.
How Long Does it Take to Resolve a Family Law Matter?
This is dependent upon you and your former partner, and your ability to resolve your dispute. In the best-case scenario, family law disputes resolve quickly when both parties are cooperative. Unfortunately, some situations take years to dispute without reaching a consensus.
I’m Considering Separation, What Should I Do?
The recommended action is to get legal advice immediately. Preparing yourself for separation through expert advice from our Adelaide Family Lawyers is a good way to make sure you fully understand what’s coming and you do not do anything to compromise your family law matter.
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