Going through separation or divorce can be one of the hardest periods in anyone’s life. It is emotionally tough, and comes together with having to work out 'who gets what.'
Even if you are your good terms with your ex partner, arrangements need to be made about dividing up the assets - house, car, pets, superannuation, investments, debts.
The living arrangements of children need to be organised (and sometimes fought over).
We deal with these issues daily. But every person’s situation is unique. We will take the time to understand:
- The nature of the relationship
- The assets and finances
- The children
We will then formulate an action plan designed to protect your interests and obtain the best possible outcome for you. We will:
- Listen to your situation
- Identify the legal issues
- Provide a timeline for the process
- Outline costs to be expected
- Answer any general questions you have about Family Law
We pride ourselves on providing an empathetic and compassionate approach mixed with professional and practical legal advice. Our goal will always be to protect your interests and maximise what can be obtained for you.
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Family Law Services
Dividing property & assets
The process of dividing property and finances after separation.
Read moreParenting arrangements
Determining the living arrangements of children following separation.
Read moreCourt matters
Advice and representation across all types of family law matters in the court system.
Read moreBinding Financial Agreements
Expertise in drafting and reviewing Financial Agreements.
Read moreConsent Orders
Where agreement can be made, these can be a more efficient and cost-effective way to resolving some or all issues.
Read moreAbout Movement Legal
The end of a relationship is stressful. We brings transparency and simplicity to the process. We’ll always provide you with a clear strategy from where you are now - to resolution.
Family law specialists
Our lawyers are family law specialists, and deal with these and related legal issues daily.
Fast turn around times
We know the process can be stressful, and we want to minimise that by prioritising communication with you.
Cost Certainty
We provide our clients with certainty and transparency on our legal fees, and in some cases can help you with legal financing options.
How we operate
The end of a relationship is a very challenging period in your life, and we take our role as your family lawyer with the seriousness that it deserves.
We believe that making complex legal concepts understandable is the basic job of a lawyer.
To that end, we will:
- Listen
- Provide you with clear legal advice
- Give you a roadmap of the steps you can expect to take, and the costs involved
- Keep you up to date as we progress your matter forward
Australian Family Law
Our focus is helping our clients find solutions across these areas:
- Separation and/or divorce
- Dividing the financial affairs you have with your ex-partner
- Parenting and arrangements with children
We understand that everybody’s history and position is different. We take the time to listen to your situation, and develop a roadmap that is unique to you and your family.
We will do what it takes to resolve your matter in an efficient manner to get you moving forward again.
Property Settlement Lawyers at Divorce Or Separation
At the end of a relationship, an agreement needs to be reached as to how the assets (and debts) will be divided. This is known as a property settlement.
It may cover the family home, cars, bank accounts, stocks, superannuation, investment properties, inheritances and more.
We will follow a 3 tiered approach of:
- Understanding your unique situation, the relationship, and combined assets.
- Negotiating with the other side, either directly, via meditation, or through the Court system.
- Obtaining an outcome for you, that is well documented, and enforceable.
Divorce, Separation and Children
Finalising living arrangements and visitation rights for your children is an especially charged area of Australian Family Law.
We'll be on your side to ensure that your children continue to be cared for.
Children can be affected by hostility between the separating parents. It is paramount that the child's interests come first, and it is on that basis that we begin.
Equally important is that the child have a meaningful relationship with both their parents.
Common services include:
- Consent orders
- Child support agreements
- Parenting plans
- Parenting coordination
- Parental responsibility
FAQs
Frequently Asked Questions
The paperwork for the divorce can be organised fairly quickly once it is established that you meet the eligibility requirements for a divorce. Usually the divorce application can be filed within a 28 day time period.
Once filed, the final Divorce Order usually takes 2 to 3 months to process. This timeline can be extended if locating the other party in order to serve them proves difficult.
The first step is to call us on 1300 933 191 or fill out the form on this page, and book in a consultation with one of our lawyers. We will formulate a strategy based on your situation, and determine an action plan to move forward.
The process for marriage in Australia, as well as divorce, is the same for same-sex couples as it is for straight couples. The same goes with partners in a defacto relationship.
However there are issues that are unique to Queer couples and families, and you may specifically want to seek out a progressively-minded law firm.
Mediation is unlikely to be used during the divorce process itself.
However where there are disagreements around issues involving assets (for example, pets, house, cash, bank accounts, superannuation) or children then mediation may be a way resolve such disputes.
Mediation can be cheaper, and less stressful alternative to processings in the Courts. In any event, the parties will have to demonstrate they have made an attempt at Meditation when commencing Court proceedings.
The sessions are conducted by a mediator who has the goal of helping the parties come to an agreement, which may then be later formalised by a Court.
You will need to show that:
- The marriage is valid
- You have been separated for at least 12 months
- There is no hope for the relationship to be reconciled
- You have an Australian mailing address
Generally, if you’re the person applying, then you will cover the filing fee. If your ex-partner agrees to it, then costs can be shared between the two of you.
Lawyers fees are additional, and each side will pay their legal fees separately.
Generally in Family Law proceedings, each party is expected to pay for their own legal fees. The Family Court does have discretionary powers to award the costs of one side to another, and will take into account the personal circumstances of the parties before making an order for costs.
Once your divorce has gone through and the Divorce Order is made, you will be able to remarry. This is normally a month and one day after the Court grants your divorce.
You should be aware that it is illegal to get remarried until the divorce has become final.
The divorce itself does not deal with the arrangements surrounding your assets or children.
These need to be dealt with separately.
You do not need to wait until the divorce has been formalised. As soon as you have separated from your ex-partner, you can begin the process for a property settlement.
Assets that have been acquired during the period of separation will be included in the “asset pool” to be divided between the parties. This continues until the date of settlement.
Get in touch with our team to book an appointment.
Insights from the Team
View the latest news and insights on relationship law
