Marital breakdown or the end of a de facto relationship can be emotionally demanding and legally intimidating.
But with Mildwaters Lawyers, you’ll have a voice of clarity and experience on your side.
Marital breakdown: Where to start?
The issues that face you when separating fall into 3 categories which are:
- Divorce
- Children
- Property
Divorce
If you were married, then you are entitled to apply for a divorce once you have been separated from your spouse for 12 months.
Either you or your spouse can apply for a divorce or you can do so jointly.
The impact of your divorce is that it:
- Revokes any reference to your former spouse in your Will
- Allows you to remarry
- It starts the clock ticking as you lose the automatic right to apply to the Court for a property settlement once 12 months has expired from the date of your divorce
You can download a divorce kit from the Family Court website at www.familycourt.gov.au or we can take care of your divorce for you.
Children
Arrangements for children can be sorted out by consent.
If you cannot reach agreement, then we can provide you with advice as to what your options are.
If your family situation involves drug or alcohol abuse, physical abuse or other types of family violence, then you may be able to apply to the Court immediately for orders regarding the arrangements for the children.
This helps reduce the chance that the children will be subjected to any further family violence.
If you do not have a reason to apply to the Court for urgent Orders, then you must go through the process of mediation first.
Mediation services that we recommend to clients can be accessed at www.familyrelationships.gov.au and www.rasa.org.au/services/post-separation/family-dispute-resolution.
If mediation doesn’t lead to an agreement, then you can apply to the Court for orders regarding the children. If you find yourself in this position, we can help with advice about the orders that you are seeking, preparing all of the necessary court documents and managing your court proceedings from start to finish.
Property
You may have heard the old wives’ tale that everything gets split in half when you separate, but this is not necessarily the case.
To help you understand the process involved, we invite you to refer to our blog available on this website called, Divorce and property settlement: Is everything just divided in half?
Our services
We can help you navigate all these issues and provide you with advice about your circumstances, so that you can make decisions with confidence about the future of you and your children.
Other support services you might find useful, include:
- ucwcsa.org.au – for support for families and children, victims of domestic violence, youth, sufferers of poor mental health and those requiring financial support
- familycourt.gov.au – for information about court procedures and fees
- lsc.sa.gov.au – for information about legal aid
- https://www.mindhealthconnect.org.au/coping-with-divorce-or-breakup – for resources to help you cope with separation
- https://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/reports-and-publications/publications/separation/marriage-families-and-separation – for a brochure on marriages, families and separation
- https://www.humanservices.gov.au/customer/services/child-support/child-support-assessment – for information about child support
Remember that Mildwaters Lawyers is here to support you when you are dealing with marital breakdown, so contact us today if you need help with family law issues.