Financial or parenting agreement
If you concern your assets (and parenting arrangement) before or during your marriage or relationship, GEA Lawyers suggest seeking legal advice and assistance. A mutual agreement may solve your problems. GEA Lawyers can provide such legal advice and assistance confidentially.
Family or domestic violence
“Family violence” means a person’s conduct, whether actual or threatened, has caused other member(s) of the person’s family reasonably to fear for, or reasonably to be apprehensive about, his or her personal wellbeing or safety. The forms of such violence are various including emotional abuse, verbal abuse, social abuse, economic abuse, psychological abuse, spiritual abuse, physical abuse, sexual abuse, etc.
If you have experienced family or domestic violence during your relationship, GEA Lawyers can provide you legal advice and assistance. In NSW, you can apply for Apprehensive Domestic Violence Order (“ADVO”) to protect you and your child. GEA Lawyers can provide such service.
In Australia, ‘no fault’ divorce rule has been introduced since the Family Law Act 1975.
To obtain a divorce order, you need to satisfy the court, for examples:
- You have separated from your spouse for at least 12 months continuously and immediately prior to your application. If you were separated under one roof or your separation was interrupted by short cohabitation (less than 3 months), you need to prove that your marriage has been broken down irretrievably under the circumstances.
- You are a Permanent Resident or Citizen of Australia. Or, you have lived in Australia for 12 months immediately prior to your application. Or, you regard Australia as your home and intend to live in Australia indefinitely.
- If your marriage is less than 2 years, you must attend counselling and obtain a certificate from an accredited counsellor before you lodge your application. Otherwise, you have to seek court leave under special circumstances.
There are 2 ways to make your application.
- Joint application – both you and your spouse consent and signed the application. This is an easy and cheap way.
- Sole application – only one of the spouses has signed and lodged the application. If you are the sole applicant, you may have to appear before the court.
When a divorce order is made by the court (“decree nisi”), it does not take immediate effect until one month later or a declaration made by the court (“decree absolute”). The court has the power to short or extend the period.
Once your divorce is granted, you need to make parenting arrangement, property and financial arrangement, within 12 months. GEA Lawyers can help you with your application and provide legal advice and assistance.
Your child may be the most affected member in your family if you are separated or divorced. When the court decides the parenting matters, the paramount consideration is what the best interest of your child is. Since 2006, shared parenting responsibility between both parents is encouraged. Parenting matters include not only the custody of the child but also other issues of education, religion, health, name, etc.
The best way is to negotiate with your former spouse to reach some agreement. Otherwise, you have to consider legal proceedings. Before such application, unless there are special circumstances like family violence, you and your former spouse need to attend Family Dispute Resolution session and obtain a certificate from an accredited Family Dispute Resolution Practitioner.
GEA Lawyers suggest that you should consider legal assistance. GEA Lawyers can provide professional advice and legal service to your circumstances.
Property and financial settlement
The settlement means the division of the property and finances between you and your former spouse.
Similarly, you need to attend Family Dispute Resolution session and obtain a certificate from an accredited Family Dispute Resolution Practitioner. The aim of “pre-action procedure” is to encourage both parents to reach some agreement. If you cannot make agreement, you can apply for court orders on your property and financial settlement. The litigation is usually too complicated and time consuming that you need a lawyer. GEA Lawyers can provide legal professional services on property and finances settlement.
When determining how to divide your property and finances, the court usually:
- To identify the pool of all your assets and their value
- To check each party’s contribution
- To consider each party’s future needs, for an example, if your spouse can support herself or himself
- Then to decide the just, fair and reasonable division
Other related issues
There may be other issues such as de facto relationship, same sex relationship, adopting or fostering a child, etc. GEA Lawyers suggest you to make an appointment with GEA Lawyers.