DIVORCE
Getting you through this period of grief + guilt, so you can start fresh.
COMPASSIONATE SUPPORT FROM DIVORCE LAWYERS IN GEELONG
When any marriage comes to an end, the people involved have to deal with intense emotions. Situations such as extra-marital affairs, family violence, abusive relationships and controlling partners make matters more complex, and most people aren’t familiar with family divorce law.
Luckily, Canny Group is. We’re a trusted divorce firm in Geelong that becomes your legal guide and support system through this difficult time. Our goal is to reach a resolution as quickly and with as little stress as possible, so you can start the transition to life beyond the relationship.
WHAT IS FAMILY DIVORCE LAW IN AUSTRALIA?
If you’re at the start of the journey, you might be wondering if you have grounds for a divorce. Australia has operated on a no-fault system since 1976, meaning there’s no need to show wrong-doings by either party if you want to file for a divorce.
The sole ground for divorce is the irretrievable breakdown of a marriage, which will need to be proven with at least a twelve-month separation period.
A divorce is simply the formal recognition that parties are no longer married. Your divorce lawyer in Geelong can also explain the important ramifications of a divorce in relation to timelines for your financial settlements, your Will and other succession planning issues.
Divorce FAQs
When married or de facto couples separate, there are two main areas that often need to be addressed with the assistance of family lawyers. These are the parenting arrangements for children, and the division of parties’ assets and liabilities (known as a family law property settlement).
There is also a third area that married couples need to address, and that is the Divorce itself. The Divorce itself is the process of formally ending the marriage.
Some married couples will separate and make arrangements for the parenting of their children and the division of their assets and liabilities, however, they will remain married.
Provided the property settlement and other financial arrangements have been appropriately legally finalised, parties may choose to not apply for a divorce, and therefore remain legally married. However, they will both be prohibited from marrying other people until such time as a Divorce is finalised.
Spouses are required to be separated for a period of at least 12 months before they can apply to the Court for a Divorce.
This separation period can occur by way of the spouses living separate lives, physically apart, or it can occur by way of them living separate lives whilst residing in the same home (known as being ‘separated under the one roof’).
To satisfy the Court that you are ‘separated under the one roof’ you will need to show that, despite living in the same home, ou are living completely separate lives in all material respects (i.e. different sleeping arrangements, eating arrangements and finances etc).
If you are living in a de facto relationship with your partner, and you separate, you will have the same entitlements under the Family Law Act as a married person, provided that you have lived in the de facto relationship for at least two years, or you have a child together, or you have provided significant financial contributions to the acquisition of joint assets or assets held by your partner.
Divorce Lawyers (commonly known in Australia as ‘Family Lawyers’) help their clients to negotiate resolutions to parenting and property settlement/financial issues following separation.
Where resolutions cannot be reached by way of negotiation, family lawyers will assist parties in making applications to the Family Court to have the issues resolved through that process.
Family Lawyers can also assist in applying for the Divorce itself, and some also deal with family violence issues such as Intervention Orders.
Married and de facto spouses can legally finalise their parenting and property settlement/financial issues at any point following separation.
However, if married spouses wish to apply for the Divorce itself, they must have been separated for at least 12 months.
MORE FAMILY LAW SERVICES
Financial settlements
Dividing assets, liabilities and finances between parties.
Parenting arrangements
Making decisions over shared parenting arrangements.
Family violence + intervention orders
Providing support and advice to keep you safe.
YOU’RE IN GOOD HANDS WITH CANNY LEGAL
Clarity
We aim to simplify legal processes, to ease your anxiety about the future.
SUPPORT
From child custody to finances, you can count on absolute support.
Guidance
We provide expert legal guidance and help you take the steps to end an unhappy marriage.
Compassion
Whether you’re feeling angry, upset or a little numb, we always lead with empathy and compassion.
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