Divorce or Separation
It is important to seek the advice of an experienced family lawyer who can guide you through the legal process and provide you with the information you need to make informed decisions.
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Frequently Asked Questions
What are my legal rights and obligations after separation?
After separation, you have legal rights and obligations under the Family Law Act 1975 (Cth). This includes the right to seek a property settlement, spousal maintenance, and parenting arrangements. You also have the obligation to provide financial support to your children (if any)
and comply with court orders.
How is property and financial resources divided after separation?
Property and financial resources are divided after separation by way of a property settlement. This involves identifying and valuing all assets and liabilities and determining a fair and equitable division based on factors such as the length of the relationship, contributions made by each party,
and future needs.
How are assets and liabilities valued for property settlement?
Assets and liabilities are valued for property settlement by obtaining expert valuations or
appraisals where necessary. This can include valuations of real estate, businesses, and other
assets, as well as valuations of debts and liabilities.
Can I keep the assets that are in my name only?
Assets that are in your name only are not automatically yours to keep after separation. Whether or not you can keep those assets will depend on a range of factors such as when and how you acquired the asset, the length of the relationship, and the contributions made by each party.
How can I protect my financial interests after separation?
You can protect your financial interests after separation by seeking legal advice as soon as
possible, maintaining accurate financial records, and keeping track of all assets and liabilities. It is also important to consider entering into a binding financial agreement (BFA) with your ex-partner to set out how your property and financial resources will be divided in the event of a separation or
divorce.
How can I ensure that I have access to my children after separation?
arrangements with your ex-partner, attending family dispute resolution (FDR), or applying to the
Family Court for parenting orders. The best interests of the child are the primary consideration in any parenting arrangements.
What are the different options for resolving disputes with my ex-partner?
The different options for resolving disputes with your ex-partner include negotiation, mediation, arbitration, and court proceedings. It is important to consider which option is best for your specific circumstances and seek legal advice before proceeding.
How can I change the parenting arrangements if they are not working?
You can change parenting arrangements if they are not working by attending FDR, negotiating
with your ex-partner, or applying to the Family Court for a variation of the parenting orders. The court will consider the best interests of the child in any variation of parenting arrangements.
How can I get financial support from my ex-partner after separation?
You can get financial support from your ex-partner after separation by applying for spousal
maintenance or child support. The amount of support will depend on a range of factors such as the income and earning capacity of each party, the needs of the recipient, and the costs
associated with caring for any children.
How long does the divorce or separation process take, and how much will it cost?
The length of the divorce or separation process will depend on a range of factors such as the
complexity of the issues, the level of cooperation between the parties, and whether or not court proceedings are necessary. The cost will also depend on these factors, as well as the amount of legal work involved. It is important to seek legal advice early in the process to ensure that you are aware of the costs and can make informed decisions
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