Separation and divorce are commonplace in the community. We have either been through it ourselves, are going through a breakup right now, or know of someone going through this distressful time.
No doubt you will notice that we have provided a lot of information here on our website, but there are many other places you can go to do your own research.
The Family Court of Australia and the Federal Circuit Court of Australia have produced a number of PDF’s that may help you understand the steps involved and provide tools and resources to help you transition through this potentially upsetting time in your life with more ease.
This brochure is handy for those that are considering or affected by separation or divorce.
It covers information about:
We understand that separation is such a stressful time for each party and that of immediate and extended family. Many have very clouded mindsets, either you are hurt, angry, afraid, exhausted, heartbroken, and the list goes on. In the midst of this, there are a number of key decisions that need to be made about the children (if you have any), how property should be divided, and any money / belongings that have been accumulated during your time together.
The children will be dealing with a lot as well. More than likely, they have never been in this situation before and will be unsure of how to process their thoughts and feelings. Perhaps they don’t want to offend one or both parents, maybe they are angry, maybe they don’t feel like they have anyone to talk to. You or their teachers or friends may even notice their behaviour is different.
You should always seek legal advice as early as possible if you and your partner are considering separation or divorce. Our lawyers can help you understand from a legal perspective what the process is, your rights and responsibilities and how the law could apply to your case. We can also explain how Alternative Dispute Resolution (ADR) can be used effectively to help you reach an agreement with your former partner without going to court, such as through Arbitration or Mediation.
When out of court agreements are made, you can reduce the emotional and financial costs of legal proceedings. It might also mean your parenting arrangements with your ex could be easier on the children due to less conflict, and that ongoing communications with your former partner could be easier in the long term.
Written agreements can set out parenting arrangements for your children, which are constructed jointly between yourself and your ex-partner, and generally do not require a court appearance. A parenting plan is not legally enforceable.
Parenting plans are different from parenting orders (which are made by the Court).
Consent orders, however, are a written agreement that is approved by the Court (although you generally do not need to attend court). It can cover parenting arrangements for children as well as financial arrangements such as property and spouse or de facto maintenance. They are legally enforceable.
Court orders can be applied for if you cannot reach an agreement. This can cause a lot of stress for the parties involved because it can take time for your matter to be heard and it can be expensive But it is sometimes the only way to settle a dispute. At any stage, after the court application is filed, it is possible to end the court proceedings by reaching an agreement.
Call our Family Lawyers today for a consultation. It is our aim to help you resolve your family law matter with compassion and efficiency and to ensure that the best outcome for you is the best interest for your children.