Menu
Hot Line
1300 082 545
Family Law
Caspian Legal
Divorce
It is never easy to go through a divorce. Anger and emotions can make the process even more frustrating. In Australia, there are only two simple requirements for applying for a divorce:
- Your marriage must be at least two years or more; and
- You must have separated for at least one year.
This applies whether or not your former partner agrees to this, whether or not you have children, or even if you have married overseas. In certain circumstances, if you have not yet been married for one year but have already separated for more than one year, you may be able to apply for divorce. At Caspian Legal, our aim is to ensure that you are taken care of every step of the way, from confirming relevant details to lodging the Application for Divorce on your behalf.
Property Settlement
- How much will I receive at the end of my property settlement?
- What % of the asset pool will I get?
These are common questions asked when it comes to dividing property. In Australia, property settlement is carried out on a “no fault” basis; you will not be getting a greater share even if your former partner has done something “wrong” along the way. The main consideration for how much of the net asset pool you are entitled to is “contributions“; that is, how much you contributed financially and non-financially to your relationship or marriage. Monies you put in, how you cared for your spouse and children, whether you helped renovate the home – these are some of the factors which determine what you get out of property settlement.
Superannuation funds are generally taken into account for property settlement. We will help you understand your rights in ensuring that you get a fair share of what you are entitled to, taking into account the efforts that you have put in throughout your relationship or marriage, as well as your future needs and earning capacity. This ensures that you and your children will continue to have a reasonable standard of living once both parties have moved on.
Parenting Matters
The main consideration for matters involving the custody and care arrangements for children is “the best interests of the child“.
Superannuation funds are generally taken into account for property settlement. We will help you understand your rights in ensuring that you get a fair share of what you are entitled to, taking into account the efforts that you have put in throughout your relationship or marriage, as well as your future needs and earning capacity. This ensures that you and your children will continue to have a reasonable standard of living once both parties have moved on.
Financial Agreements
Financial Agreements (previously called “Binding Financial Agreements” (BFAs)) are a common way of resolving property matters out of court. A Financial Agreement should clearly state the Terms of Agreement between you and your spouse as to who keeps which assets and/or liabilities, once the Agreement is entered into. For a Financial Agreement to be legally binding, there are certain requirements to be met. These include:
- The need for each party to receive independent legal advice, and be represented by a different lawyer from a different law firm
- Full and frank disclosure of all assets and liabilities of each party.
Financial Agreement can be entered into:
- Before, during or after a relationship
- Before, during or after a marriage
Parenting Plans and Binding Child Support Agreements
A Parenting Plan is an agreement that deals with matters regarding a child, such as:
- How much time each parent spends with the child on a weekly basis
- How much maintenance shall one party provide
- Whether the child shall have telephone/video calls with each parent, and during what times these calls shall take place
A Binding Child Support Agreement (BCSA) is a written agreement between parents about child support payments, after each parent has received legal advice. It is important to note that without a BCSA, lawyers are generally not involved in determining child support. This is done through the Australian Government’s Services Australia (formerly the ‘Child Support Agency‘).
Consent Orders
The simplest and most cost-effective way of resolving both parenting and property matters is for two or more parties to enter into Consent Orders. This is done by way of an Application for Consent Orders and an accompanying Minute of Consent Orders, through which you apply to the Court for orders that effect your agreed settlement arrangements. These Consent Orders would be officially approved once the Court has placed its Court seal on them. Advantages of entering into Consent Orders include the flexibility of engaging one lawyer (rather than engaging two, as required by BFAs, for providing independent legal advice to each party), and having peace of mind knowing that your settlement arrangements cannot be easily overturned once the Court has given its seal of approval.
Testimonials
What Our Client's Say ?
Previous
Next
Lots of Experience In Various Cases
COMPLETE THE FORM FOR A CONSULTATION
1300 082 545
Our Contact
Get Free Case Evaluation
