Separation and divorce creates a great deal of stress on all concerned, including the children. Get the right advice first. We can help with settlement options.
DON’T MAKE UNINFORMED DECISIONS
See us first before you settle any family law issue. Don’t make the mistake of signing a document without advice. Its not our role to tell you whether your agreement is right or wrong but it is our role to advise if it is just and equitable under the Family Law Act. Once armed with expert family law advice you can then make whatever informed and considered decision you wish – even if it is against our advice. At Family Lawyers & Mediation Services we don’t create problems for your family – we resolve them as quickly and as cost effectively as we can!
A NOTE ABOUT SEPARATION AND DIVORCE.
If you are in a defacto relationship then there is no legal document that evidences the end of the relationship. The date a relationship ends can sometimes be a significant fact which leads to litigation because of limitation periods which apply. The end of a marriage does not trigger a limitation period but the divorce does.The limitation period which applies in both cases is that you must make application to a court within 12 months of the divorce decree and in the case of a defacto couple within 2 years of the date of separation. If you ignore those limitations then you may lose your rights to apply to court in relation to property and spouse maintenance issues. The limitation period does not apply to parenting issues.
IS DIVORCE NECESSARY BEFORE RESOLVING PROPERTY/SPOUSE MAINTENANCE?
A common misunderstanding is that you need to be divorced (if married) before you can take any steps to resolve property and/or parenting issues. That is not the case. You can and should look at those issues and resolve them before you apply for a divorce.