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Separating from your partner or spouse involves navigating multiple personal and legal challenges, at a time that is often emotional and stressful. It is important to obtain advice from an experienced family lawyer as early as possible. This will help you to avoid any mistakes and ensure you move ahead in the right direction.
You cannot apply for a divorce until you have been separated for a period of 12 months. However, your property settlement and any parenting issues can be progressed through court sooner. We are often able to resolve property and parenting issues prior to you being eligible to apply for divorce. It is preferable that you obtain legal advice from a family lawyer well before you are eligible to file for divorce.
Our experienced family lawyers will explain what is involved in finalising your property and parenting matters. We will also provide advice regarding your divorce.
Applying for a Divorce
There are several important things to know about applying for a divorce, including:-
- You can apply for a divorce either on your own, or with your former spouse, however it is a more streamlined process to file a joint application;
- It is an easier process when you and your former spouse have no children under the age of 18; and
- You can apply for a divorce if you and your former spouse have been separated but living under the one roof, however, this involves additional steps to ensure the court is able to grant your application.
You can read more about the Steps to Divorce here.
Divorce and separation will impact your Will and estate plan
Both separation and divorce have an impact on your Will and your estate, and how your assets will be distributed should you pass away. It is important to obtain advice in relation to your Will and estate matters in addition to your separation and divorce, and to update your Will and Enduring Power of Attorney as soon as possible when your circumstances change. Our family law team are able to provide advice and assist you in updating your estate planning documents, and there is a fixed fee for this service.
If you would like to speak to one of our experienced family lawyers please contact our office.