Divorce
We can help guide you through your divorce every step of the way. We can advise you on who can and cannot apply for a divorce and how separation and/or a divorce may affect all other aspects of your life such as your Will made during the course of a marriage and Children’s issues including parenting arrangements and child support.
Our aim is to provide clear and easy to understand advice about what options exist, and we will always be upfront about any associated costs before providing you with any advice.
In circumstances where there is a breakdown of a marriage, there are a number of legal matters that need to be addressed:
1. Divorce
2. Property Settlement
3. Maintenance
4. The living arrangements for the children
5. Child support
Factors to consider when divorcing:
You must be separated for 12 months before filing for divorce. Divorce severs your marriage but does not sever you financially from your spouse.
There are certain matters which can make a divorce application more complicated and our family lawyers can explain these situations to you in depth:
- Overseas marriages;
- If your spouse is missing and you are unable to ‘serve’ them;
- If you have been separated but living under the same roof;
- In situations where you have been served with a divorce but disagree with the facts; and
- Where there are children under the age of 18 years
It is important to note that you may be eligible for a reduction of the Court fees when filing your Application for Divorce so you should discuss this with your lawyer.
In all cases, Andersons will arrange for service of Court documents and appear in Court on your behalf often without the need for you to appear.
How to proceed through separation and divorce
Inevitably when a relationship breaks down, there will be impacts to all areas of your life including financially and legally. It can be a really emotional and confusing time so you need to have a team around you that you can trust and rely on.
Andersons is one of the largest and most experienced Family Law teams in Adelaide. Our lawyers have considerable experience and expertise in all Family Law matters and are empathetic to the myriad of emotions and situations that arise out of relationship breakdowns.
Below, we provide you with some key information about what to do when you’re separating, and what to do in the event of divorce.
Separation
It is important for both married couples and de facto couples to seek legal advice as soon as possible after separation. In some situations, it may be necessary to obtain advice before there is a formal separation. There are also time limits that apply to your situation that could affect your ability to make a claim for property settlement. You can find out more about property settlement here.
In relation to children’s issues, it is recommended that any advice or action be taken as soon as possible following separation so that the changes to the living arrangements for the children can occur as smoothly as possible. You can find out more about parenting arrangements and child support here.
Considerations about your Will when separating from your spouse
Upon separation from your spouse, you should consider whether you need to change your existing Will or have one prepared if you do not already have one.
There are numerous reasons why it may be critical for you to change your Will upon separation, or have one made, including:
- If you do not have a Will, the distribution of your estate may not be what you intended. If you die without a Will, your spouse and children will share in your estate. If any beneficiaries are under the age of 18 years, the Public Trustee has a duty to maintain the financial interest of that child;
- Following divorce, any existing Will made by you prior to your marriage ending will be void in respect of any gifts left to your spouse as will the appointment of your spouse as an Executor of your Will;
- Often couples will own various items such as a home, cars and bank accounts as joint tenants. In the event that either party should die, all jointly owned assets will automatically pass to the survivor;
- In the event you die before issuing proceedings for property settlement, the administrators of your estate are not allowed to issue proceedings on your behalf. This means that your estate will be left with only those items owned solely by you as at the date of your death.
De facto partners and separation
De facto partners do not need to go through the process of divorce. Aside from that, the remainder of the legal matters that need to be addressed are the same and you should seek legal advice to guide you through these processes.
How can Andersons help?
We offer a 90 minute initial meeting to develop a “Family Road Map” tailored to your personal situation.
All your concerns and questions will be addressed in this appointment and your lawyer will explain the process and outline a plan for next steps. All for a set fee.
For more information or to book your 90 minute “Family Road Map” appointment, please call 8238 6666 or email enquiry@andersons.com.au
