You have just separated from your partner, now what?
In the early stages after separation there are often a lot of questions.What is going to happen to my property? What is going to happen to the children?If you are married you can apply for a Divorce after 12 months of separation. The divorce itself is separate from all the other issues. A divorce is only the legal ending of your marriage.It is usually advisable to resolve property matters before the divorce, as there are time limits that you have to comply with if you are applying to the court for property orders once the divorce has been made.If you have more questions we are more than happy to assist you.
After separation parents sometimes struggle to agree on the arrangements for the children.
When a court makes a parenting order, the Family Law Act requires it to regard the best interests of the child as the most important consideration.
Parents should also consider this principle when making parenting plans.
The Family Law Act aims to ensure that children can enjoy a meaningful relationship with each of their parents, and are protected from harm.
Once there is an agreement between the parents they can either make a written parenting plan or apply for legally enforceable consent orders to the Court.
If parents are unable to agree the Court might need to decide what it considers to be in the child's best interest.
If you need help with parenting disputes we can assist you.
If you and your partner separate, you need to consider what is to happen in relation to the division of any property that you own.
The Family Law Act sets out the general principles the court considers when deciding financial disputes after the breakdown of a marriage or a de facto relationship. The general principles are the same, regardless of whether you were in a marriage or a de facto relationship, and are based on:-working out your assets and liabilities and what they are worth;-looking at the direct financial contributions by each party such as wage and salary earnings-looking at indirect financial contributions by each party such as gifts and inheritances from families-looking at the non-financial contributions such as caring for children and homemaking, and-future needs– a court will take into account your age, health, financial resources, care of children and ability to earn an income.The way your assets and debts will be divided will depend on the individual circumstances. Your settlement will probably be different from others you may have heard about.
If you need assistance with property settlements please contact us.