Family Law

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Family Law

Whether you’re going through a separation of a marriage or de facto relationship or in a dispute over parenting of your children or property settlements, it is important to be aware of the types of matters the Federal Circuit and Family Court of Australia can assist you to deal with, namely:

  • where your children live and who will take care of them
  • how you and your former partner will support yourselves and your children
  • what, how and when you will tell the children, other family members and friends
  • who will pay outstanding bills or debts
  • who will stay in the house
  • how will the rent or mortgage be paid
  • what will happen to any joint bank, building society or credit union accounts, and
  • what will happen to the house, car, furniture and other property.

Going to court is an expensive and stressful process and in a lot of cases you will be able to come to arrangements for your children and the division of property without the need of going to court. It is important to understand there is no need for parenting or financial arrangements to be decided by a court unless it is not safe or you are unable to do so with your previous partner.

Whereas, a Divorce Order to formally end your marriage will need to be dealt with by the Court and an Order made. This can be done through a joint or sole application to the Court.

To apply for Divorce you must satisfy the following criteria:

  • You or the other party to the marriage were either, born in Australia or are an Australian citizen or are lawfully present in Australia and intend to continue living in Australia;
  • Your marriage has broken down and there is no reasonable likelihood of reconciliation;
  • You have been separated for 12 months and 1 day or longer;
  • You have your marriage certificate.

If you satisfy the criteria and wish to file for Divorce you can obtain legal advice to fill out the Application form and lodge with the Court. You do not need to attend the Divorce hearing if you file a joint application and neither party is opposing the divorce or wishes to be present.

It is important to note there are time limits in bringing a property settlement. If you were in a de facto relationship, you have two (2) years from the date of separation, if you were married you have 12months from the date of the divorce Order.

Brooke Winter Solicitors

Call an Expert Family Lawyer

If you require assistance with any matters from divorce, parenting disputes or property settlements it is important to get some legal advice at an early stage to assist you through this stressful time.

Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.

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