The timing of your divorce is important, given you need to be separated for 12 months before you can apply for a divorce we usually recommend clients focus their attention and resources on resolving property and parenting matters first.
Divorcing your spouse will have an impact on your family law matter and other legal issues such as your Will and next of kin for certain decisions. We ensure clients receive comprehensive advise on their divorce application and link them with other lawyers for updating their Wills and Power of Attorney.
Keeping our clients across the divorce process at all steps is essential so that they can plan for their future and manage their expectations.
Our role is to secure resolution and finality for our clients. A divorce is often the final piece of the puzzle and requires the same consideration and attention to detail as all other aspects of your family law matter.
Our lawyers are experts in their field which ensures clients receive the most comprehensive advice and representation.
Knowing when to apply for a divorce in the wider context of your family law matter requires considered advice and a detailed understanding of intended outcomes.
We believe clients should be empowered to undertake aspects of their family law matter such as divorce on their own behalf if they wish to do so. This gives clients more options and a greater sense of control.
Our staff know that a holistic approach where all parts of an equation must be explained only in reference to the whole gives our client the best possible representation.
You do not need to get a divorce following separation, but there are many reasons why you should consider one. An important point to understand is that a property settlement where your assets are divided after you separate can occur before you are divorced, and in most cases this occurs.
Either person to a marriage can apply for a divorce after 12 months of separation, and sometimes earlier if there are special circumstances. A divorce can also be applied for by the married parties together, this is called a “joint application”. A joint application is often preferable as it overcomes the need for service of the application.
You can retain your married name after a divorce if you want to do so. Many people choose to retain their married name following divorce so that they have the same surname as their children, or because they have established themselves professionally with their married name.
If you have been separated for 12 months or more and your spouse applies for a divorce (and all necessary legal requirements have been met) then the divorce application will likely be granted. Simply saying you do not want the divorce is not enough for the court to refuse to approve the application. Speaking with a family lawyer if you are in this situation is the best course of action so that you can understand all your options.
Do you have questions about our legal services or how we can assist with your case? Schedule an initial consultation with our team.
Accessible Family Law are proud allies of the LGBTQIA+ community.
Accessible Family Law acknowledges and pays respect to Traditional Owners of country throughout Australia.
