Whether it’s hostile or amicable there is often a sense of loss when a marriage or de facto relationship ends – loss of a sense of identity, loss of the hope, of the dream and of the ‘happily ever after’ fairy tale ending.
On a day to day level there is frequently a change of lifestyle and other challenges necessitated by starting over, and of course the requirement to deal with the many legal ramifications that result when the family unit disintegrates.
I&J LAW are able to confidently guide you through this unfamiliar terrain.
Five important issues to consider if you are contemplating cohabitation, marriage, separation or if you are separated.
- Before I get married, can I formalise an agreement with my partner that details what will happen if we separate sometime in the future?
Yes, even though you don’t like to think of a relationship ending when you are starting out, it is advisable to draft a cohabitation or pre-nuptial agreement to clearly stipulate who gets what if the relationship or marriage were to end.
- When can I apply for a divorce?
You can apply for a divorce after you have been separated for twelve months . Once a divorce has been granted, it means that your legal relationship status reflects that you are no longer married.
- Do I need to wait a year to decide where the children live?
No, parenting issues can be finalised any time after separation.
- Will I need to sell my home and do I need to wait a year for this?
It will depend on your circumstances and the net assets available for distribution which differ from case to case. You do not need to wait a year after separation, however once you are divorced then you have twelve months to enter a property settlement.
- What about my Superannuation?
Superannuation is a financial resource that can be included in the property settlement and division of the assets.
Our family law services include but are not limited to the following …
- Prenuptial agreements.
- Cohabitation agreements.
- Financial Agreements pre relationship.
- Financial Agreements during relationship.
- Financial Agreement after divorce.
- Divorce applications.
- Parenting issues regarding the children in times of separation.
- Financial issues of separation, Property settlement.
- Child support.
- Spousal maintenance.
- Representation in court.
- Settlement conferences.