Divorce ends the legal relationship between you and your ex-partner.
Divorce can be straight forward however it should be considered carefully and in light of the timing of your property settlement, estate planning, and changing business structures. If you are planning to remarry or you have lived separated under the one roof you may have additional considerations in relation to your divorce. Our Family Lawyers at Salerno Law will advise you about the legal requirements of divorce, and the timelines that may affect your matter. We can prepare, file and serve your application or assist you to respond to an application for divorce. Call our office to make an appointment to meet with one of our Lawyers and we can advise you about your Divorce and other Family Law and Estate Planning matters.
What if we have been separated and still living together, can I get a divorce?
Marital relationships vary and as such so does separation. For separation to exist under the law one spouse must intend to sever the relationship and then act on that intention.
If you have been living together yet separated you can still apply for a divorce after 12 months of separation. You will need to file evidence with your application setting out the circumstances surrounding your separation and have someone other than you or your ex-partner provide evidence in support of your claims. The court must be satisfied that you were in fact separated and as such you will need to provide the court with the relevant evidence. At Salerno Law our Family Lawyers can advise you about these requirements and your alternative options. We can prepare and file your application for divorce. You should seek legal advice before filing a divorce application if you have been separated and living under the one roof or if you have had a period of cohabitation or reconciliation during your separation.
What if I don’t want a divorce?
Under the Family Law Act the grounds for a divorce to be granted are the irretrievable breakdown of your marriage together with 12 months of separation. Either spouse can file for a divorce, or you can jointly file an application.
Some of our clients are shocked to find out that their spouse no longer wants to stay married to them. For whatever reason an impending separation and divorce is not always obvious to both spouses. This can leave one spouse confused and distressed making it difficult to focus on the legal aspects of dissolving the union. At Salerno Law our Family Lawyers will guide you through the process so that you can future plan and finalise all matters. We can provide you with referrals to other services to assist you cope and move forward beyond the separation and divorce.
There are grounds available to contest a divorce application however it cannot be stopped on a permanent basis if the court is satisfied that the grounds for divorce are met. Our Family Lawyers at Salerno Law can advise you about your divorce application or your response to a divorce application and any other family law and estate planning that may affect your matter.
Do I need to have our parenting and property settled to get a divorce?
To grant a divorce the court must be satisfied that there are proper arrangements in place for the care of your children. These do not need to be final arrangements. At Salerno Law our Family Lawyers can advise and assist you to formulate and finalise the parenting arrangements for your children.
There are important timelines that apply when it comes to divorce and property settlement, and you should seek legal advice before filing a divorce application. Our Family Lawyers can advise you about these timelines and ensure that you have the correct plans in place to finalise your matter without jeopardising your access to the court if needed.