Divorce
Author:
Andersons Solicitors
Publish Date: December 21, 2008
Since the commencement of the Family Law Act in 1975, Australiahas had a “no fault” divorce system. This means that in order to get a divorce, a couple only need to show that they have been separated for a period of 12 months.
The exception to this rule is couples who have been married less than two years. Such couples must undertake counseling before they seek divorce, or must otherwise have the court’s permission to divorce.
Divorce itself is a relatively straightforward exercise, however making new arrangements to deal with the changed circumstances surrounding the divorce is often complex.
A couple must make a Property Settlement within one year after divorcing. A property settlement must be “just and equitable” considering the contribution that each party has made to the marital property and each party’s future needs. Determining a just and equitable solution can be difficult. The court requires the parties to seek to agree a settlement through dispute resolution before obtaining a court financial order. In the majority of cases parties succeed in resolving their disputes without the need to apply to the court.
The other matter that may need to be dealt with in dissolving a marriage is the determination of arrangements regarding any children of the marriage. This includes financial payments for the support of the children (“child support”). It also includes establishing arrangements for the children to live with and or spend time with each parent to the children and establishing an ongoing process by which the parties can make important decisions for the children.
Child support is determined under a statutory formula and the child support agency is available to undertake the collection of child support to ensure that it is paid in full.
The issues concerning with whom the child will live or spend time with and decision making can be difficult because of the need for a degree of cooperation between the parties. The court system encourages parties to come to negotiated settlements about child related arrangements, requiring parties to undertake dispute resolution before they can seek parenting orders from the court unless the situation falls within an urgent category or is simply unsuitable for mediation to occur. However, if the parties are unable to reach agreement, the court can be called on to make orders.
Getting good legal advice is always important in dealing with your divorce and related issues. Firstly, it is important to understand your legal position to enable you to negotiate with your former partner. You need to know that you are getting is what you are entitled to. It is also useful to get an objective view about how your position compares to decisions made by the court in similar cases.
Obviously, it is also critical to have a trusted lawyer on your team if you need to seek court orders.
Family law matters can be amongst the most distressing of all legal disputes. Andersons highly experienced family lawyers have a fine reputation built on years of success in both negotiated and contested family law applications. We can provide you with the legal support you need to get you through to the other side of your family law issues.
Please call Anderson's on 1800 653 655 to arrange a consultation with one of our family law team at our offices in Adelaide, Port Adelaide, Murray Bridge and Victor Harbor or at one of our branches in Christies Beach, Mt. Gambier and Port Lincoln.
