Family Law
Explore the complexities of family law with SB Law’s comprehensive guide. From navigating separation challenges to understanding divorce intricacies and securing financial stability, we provide expert insights and practical advice to guide you through every step of your family’s transition.
Navigating Family Transitions: A Guide to Separation, Divorce, and Financial Stability
Separation
Separations can be confronting, emotional and difficult. SB Law can help you navigate this challenging time.
Firstly, it is important to understand that divorce is a separate and distinct issue from dealing with parenting issues and financial issues. Getting a divorce means that you will no longer be legally married to your former partner, but a divorce application does not resolve parenting issues or financial issues – these matters will need to be addressed separately.
Secondly, an agreement on financial matters (such as property division) is not final and binding unless the agreement is either confirmed by Court orders, or formalised in a special type of document known as a Financial Agreement.
Problems can arise if the parties cannot reach agreement through discussion. In that case, there may be two areas of dispute:
- The best parenting arrangements for any children of the couple, including resolving child support issues; and
- How to deal with and divide up matrimonial property including resolving spousal maintenance issues.
If the matter has not been resolved in a reasonable manner or is heading to Court, you will need an experienced lawyer practising in family law to represent your interests.
Divorce: Understanding Legal Requirements
A divorce application can appear an uncomplicated process, but unfortunately, this is not always the case.
You must meet some requirements to be able to submit a divorce application:
- Are you able to show the Court that you have been separated at least 12 months and that you and your former partner have not lived under the same roof in that time? If not, additional evidence may need to be lodged with your application.
- Have you been married for less than 2 years? If so, additional evidence may need to be lodged with your application.
If you are unsure about where to go from here, contact us and we will be able to provide you with the right legal advice for your situation.
Financial Issues & agreements
When a couple separates, there may be two financial issues to be dealt with: property division (property settlement) and spousal maintenance. Property settlement is usually the more important issue.
A contested property settlement can see the bulk if not all of your assets consumed in legal fees if you are not careful. The starting point is to reach a reasonable settlement.
If both parties negotiate in a spirit of compromise, you can reach a property settlement quickly and inexpensively. If no agreement is reached, there are strategies to minimise costs. Bear in mind that, even if an agreement is reached, then as stated above the agreement will not be final and binding unless it is either confirmed by Court orders, or formalised in a Financial Agreement.
In some instances, for peace of mind, you may consider a Financial Agreement (sometimes colloquially know as a “pre-nuptial agreement” or “pre-nup”), which outlines how financial matters will be resolved if you and your partner separate in the future.
Financial Agreements are an effective way to regulate and protect your financial affairs. A Financial Agreement can be made before marriage/entering a relationship, during marriage/a relationship, or after separation. Changed circumstances may demand a financial agreement during your relationship.
Parenting Issues: Prioritizing Children’s Well-being
Children are without a doubt your most important consideration when it comes to family break-ups. Separation can be extremely stressful for children, and both parties should make an effort to reduce this stress.
mediation
The Family Law Act encourages the resolution of family law disputes by mediation if possible. Mediation is where the parties sit down with a mediator in an attempt to resolve their issues, whether they are parenting issues or financial issues.
While out of court settlements are always encouraged; the law recognises that there will be circumstances where mediation will not be appropriate.
