I think my Separation will be complicated

I think my Separation will be complicated

I think my separation will be complicated.  What should we do about our expenses? Can My Family Lawyer Help me?

No two divorces are the same, but there are certainly some which are far more convoluted, complicated and emotionally charged than others.

Individuals seeking a lawyer to handle their divorce can be nervous about how much and what type of help they can expect, especially if they know that their divorce will be “messy”.  Questions arise from:-  How long can I expect it to take to reach a settlement?  Will I have to face my husband in court?

If you know that your divorce will be complicated, Sarah Bevan Family Lawyers will be able to help you by providing you with concise, practical and expert advice and can guide you through your separation and/or divorce.  Additionally, we explain the laws in relation to children and property proceedings.

Divorce

In Australia the only ground for divorce is the irretrievable breakdown of the marriage. Once you and your husband have been separated for 12 months, either one of you may apply to the Federal Circuit Court for a divorce.

If you believe that your divorce is going to be fairly complicated, it is best to have your lawyer deal with the divorce application, including serving the application on your husband and ensuring that all the procedural requirements for the divorce have been satisfied.

Sarah Bevan is an Accredited Specialist in Family Law through the NSW Law Society and can handle the most complex cases of irretrievable marriage breakdowns with proven success.

Children

If you and your spouse have children, your lawyer will be able to assist you in understanding what the Court considers when making a parenting order.  The main consideration for the Court is what is in the child’s best interests.

Before you can make an application to the Court for a parenting order, it is necessary to attempt to resolve any dispute about the children by participating in family dispute resolution. This includes mediation, which is an opportunity for you and your husband to reach an agreement about the issues in dispute and have this agreement made into a parenting order by the Court.

Property Matters

The Court has a duty under the Family Law Act, to make orders that will finally determine the financial relationship between parties and avoid any further proceedings between them.

If you and your spouse can’t agree on the division of matrimonial property, then an application can be made to the Court for a property order.

The Court has a number of factors that they are required to consider when making a property order, such as the financial and non-financial contributions of each party to the marriage to the property of the marriage.

What happens to the mortgage payments and our expenses in the meantime?

Often the biggest issues for people at the time of separation includes practical issues such as how will we maintain our lives, especially our expenses, while we try to sort out everything else? For many people, the answer is clear when there is only one income earner, although just because the answer is clear does not mean that always happens easily. When tensions are particularly high, sometimes the financially stronger partner will try to use this financial power against the other. If you are in this position, it is essential that you seek advice as soon as possible.  

There are general rules that should apply in many instances, but it often also requires careful consideration of how debts will be maintained pending resolution.

Will I have to go to Court?

It is almost always preferable to avoid Court if possible. But if you and your spouse are unable to reach an agreement on children and/or property matters, then you may need to apply to the Court for children and property orders.

The vast majority of cases before the Court are settled by negotiation between the parties and their legal representatives, prior to reaching a Judge for hearing.

It is important to have legal representation to ensure your interests are protected. Our Lawyers at Sarah Bevan Family Lawyers will also be able to gather and draft your evidence to support your children and property application.

How long will it take?

The length of time it will take depends on whether an agreement is reached between you and your spouse, or whether the matter proceeds to hearing. To ensure that things move quickly towards resolution you need to talk to your lawyer as soon as possible.

If you are going through a messy divorce involving children and property you need to speak to an expert lawyer. Sarah Bevan and her team at Sarah Bevan Family Lawyers, will be able to make an application to the Family Court or Federal Circuit Court for children and property orders.

We pride our law practice on open and honest communication with clients. We have offices conveniently located in Parramatta, Surry Hills and Crows Nest.

Call Sarah Bevan Family Lawyers today on (02) 9633 1088  or email mail@sbfamilylawyers.com.au