Separation, even in its most amicable form, is difficult. Gillis Delaney Lawyers is the perfect partner to help you manage practicalities when emotions run high.
What falls within family law
Legal issues are solved more effectively if the relationship is based on a good contractual agreement. This is even more true for family matters. If you have a document setting out what should happen in a separation, there is so much less to argue about when reason is clouded by emotion. That is why we view the ideal first step in managing your family law affairs as helping you with a binding financial agreement/prenuptial agreement.
A good prenup could help you quickly deal with many of the things that come up when people decide to go their separate ways:
What you are entitled to
In any family law dispute, you are entitled to a fair outcome.
This requires a proper representation to the court of your specific circumstances, including your health, income, earning capacity, financial resources, superannuation, and childcare requirements. We will make sure this happens.
How we can help
We will help you get through the process as quickly and efficiently as possible. No matter how intricate your separation requirements, we have the experience to handle it.
Though no two separations happen in exactly the same way, the basic steps are as follows:
- Get all the relevant documents together. This includes your marriage certificate, a change of name certificate, a counselling certificate, proof of citizenship and visa documents. What you need, will depend on your specific circumstances and we will help you determine this.
- Prepare any necessary affidavits. Examples of situations where you might need an affidavit is where you no longer have your married or maiden name or if you do not have a marriage certificate.
- Apply for a divorce order. We will help you register on the Commonwealth Courts Portal, create and complete your application and upload affidavits.
- Apply for a fee reduction. In certain circumstances you can apply for a fee reduction. These include having a concession card, receiving legal aid or some kind of youth allowance, being in prison or another public institution, or if you are experiencing financial hardship.
- Serve your spouse. This is a critical if you are making a solo divorce application. If your spouse is in Australia, you must serve at least 28 days before the hearing and if they are abroad, at least 42 days before. It might be necessary to serve your spouse in a different way or get dispensation for serving. There are also special rules when someone is in prison. Our family law experts can handle all of this for you.
- Get a consent order. An amicable settlement is always first prize and we will work with you towards this goal. The court will, however, still consider the parties’ finances and the best interest of the children, if there are any, before granting the order.
- Navigate Family Court and Federal Circuit Court. You will only end up here if there are disputes between you and your partner that cannot be resolved any other way. Should this be the case, we will present your case to help you achieve a fair outcome.