Families are indeed wonderful! However it is an unfortunate fact of life that marriages and de facto relationships cannot always last the distance.
If you find yourself in this difficult situation, getting good legal advice can relieve some of the pressure. It’s important to have someone experienced on your side. With the caring team at SPM Law you will have the expert guidance and advice that you need to make the right decisions for you and your family.
Areas of Family Law
- Property Settlement including Complex Property Matters
- Children's Issues
- Financial Agreements
- Spousal Maintenance
- Same Sex Issues
Divorce & Property Settlement
Divorce often gets confused with other aspects of family law such as resolving property settlement matters or parenting matters. Your Divorce does not resolve either of these two things. At the end of the day a Divorce only formally ends a marriage.
Once you have been separated from your partner for 12 months you can start the process of applying for a Divorce. An Application for Divorce can either be done jointly by both of the spouses signing the Court papers or done as a sole Application where only one of the spouses needs to sign the paperwork.
If there are children under 18 involved, the court will only grant a divorce if it’s satisfied that proper arrangements have been made for them. Sometimes its not as easy as you would think so its always worthwhile contacting a family law solicitor to assist in the application to ensure you meet requirements.
A property settlement is an agreement as to how the assets of the marriage are divided. It may also include orders regarding ongoing contribution from one spouse to the other. A property settlement can be made before or after you are divorced. But once you are divorced you only have 12 months from the date of your divorce to sort out you property settlement matters.
What if we can’t agree? It is unfortunate that the breakdown of a relationship can often cause resentment and bitterness and for this reason many people do not act rationally and in some cases can be quite vindictive. In these cases it will be necessary to have a court independently assess the parties’ entitlements.
What is maintenance? There are two types of financial support; child support and spousal maintenance. How much you are liable to pay or eligible to receive in child support or spousal maintenance is completely dependent on your individual situation. The experienced team at SPM Law will advise you on your legal entitlements appropriate to your circumstances.
The purpose of a Binding Financial Agreement is to put into a formal document the agreements reached between spouses as to how property is to be dealt with either during their relationship or after the breakdown of their relationship.
- before marriage (previously commonly referred to as a “pre-nuptial agreement”)
- during marriage
- after separation (formerly known as a “separation agreement”)
A Binding Financial Agreement can also include spousal maintenance payments. These agreements are very formal in nature and are legally enforceable so long as they comply with the requirements of the Family Law Act 1975. Also both parties have to obtain legal advice and have a certificate attached to the agreement to that effect for the agreement to be binding.