Separation and divorce
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 takes effect, 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 granted. Often it takes time to negotiate a property settlement, as valuations and other processes may be required. Since you only have 12 months from the date the divorce order takes effect to file for property orders in court, you might run out of time to file. It is therefore best to get advice before you file for Divorce.
It is usually advisable to resolve property matters before the divorce takes effect, 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 granted. Often it takes time to negotiate a property settlement, as valuations and other processes may be required. Since you only have 12 months from the date the divorce order takes effect to file for property orders in court, you might run out of time to file. It is therefore best to get advice before you file for Divorce.
Just separated? - What now?
Separation is often a difficult time; as it can be very stressful for you and your family, and you may feel unsure about what to do next.If you have separated recently, you and your ex-partner will need to make decisions about practical issues concerning your children and/or your assets. Some of the things you might need to consider are:
- where your children live and who will take care of them- what, how and when you will tell the children, other family members and friends- who will pay the outstanding bills or debts, rent or mortgage- who will stay in the family home- what will happen to any joint bank accounts, and- what will happen to the house, car, furniture and other property.
Hopefully you are able to agree on all these things at the time of separation, as it would really help you and your family if you try to reach at least a temporary agreement. If you can not reach an agreement, try mediation with a Family Dispute Resolution Practitioner. ***Disclaimer*** This article is for general information purposes only and does not constitute legal advice or any other professional advice.
If you have any further questions, we are more than happy to assist you.
- where your children live and who will take care of them- what, how and when you will tell the children, other family members and friends- who will pay the outstanding bills or debts, rent or mortgage- who will stay in the family home- what will happen to any joint bank accounts, and- what will happen to the house, car, furniture and other property.
Hopefully you are able to agree on all these things at the time of separation, as it would really help you and your family if you try to reach at least a temporary agreement. If you can not reach an agreement, try mediation with a Family Dispute Resolution Practitioner. ***Disclaimer*** This article is for general information purposes only and does not constitute legal advice or any other professional advice.
If you have any further questions, we are more than happy to assist you.
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OUR GUIDED DIVORCE SERVICE
If you want to divorce your ex-partner we can take care of it for you. The Divorce will end your marriage. 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, like parenting disputes or property settlements.
Divorce and separation do not have to be complicated or costly!
We have created an affordable solution for Divorce Applications.
And the best thing? We will guide you along the way and even appear for you in Court, if required.
Please contact our office for a free quote
If you want a fast and affordable option to end your marriage, don't wait.
We will file the Application for you in Court and help you along the way.
How does our divorce service work?
Step 1- Complete questionnaire
Complete your questionnaire. You will be asked a series of questions so that the documents can be prepared. You will also need to upload some documents during this step.
Step 2- Review and Sign
We will review it, to ensure it has been properly completed, provide you with guidance and send it to you for your review – all within a matter of days. You can then print the documents and sign it in front of a Justice of the Peace.
Step 3- complete
Once we receive the signed documents from you, we will file it in Court. You will be advised of the court date and we will appear for you in court if required.
*There is an extra step for applications in your sole name. Your ex-partner will need to sign an acknowledgement of service of the Divorce Application. If he or she refuses to sign, a process server needs to be organised and a surcharge will apply.
Get In Touch
info@smartchoicelaw.com.au
02 6656 1555
Street address:Shop 1 / 45 Grafton StreetCoffs Harbour NSW 2450
All mail to:PO Box 6203Coffs Harbour NSW 2450
All mail to:PO Box 6203Coffs Harbour NSW 2450
See our free resources in family law
We have a lot of helpful links and information in Family Law, Divorce, Parenting Matters, Child Support, Domestic Violence and child development.