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FAQ'S
When can I get divorced?
You can file divorce papers once you have been separated for a minimum of 12 months. However, you can sort out property settlement and arrangements for your children immediately after separation. It is best to get legal advice from a divorce lawyer as soon as possible.
What if my spouse won't agree to a divorce?
It doesn't matter - you don't need their agreement to get a divorce.
I want to separate. Will I lose any rights if I move out of the home?
Moving out does not mean that you lose any rights to make a claim for property settlement over the home. There are however some practical matters that you need to think about before making your final decision. For example, will your spouse or former partner keep the home in a good condition? If not and the property has to be sold, this might affect the value of the property. If the repayments on your home loan are minimal and your spouse or partner remains in the home, they will have little incentive to settle the property matters because they are getting the benefit of cheap housing. Will you be able to afford to pay rent on your own or do you have somewhere else to stay? If you are taking children with you, you need to give some thought to providing as much stability and familiarity of surroundings for the children as possible.
What should I take with me when I leave the home?
You should take all your personal items, especially items of sentimental value. Take with you all of your personal documents such as your birth certificate, marriage certificate, passport, and all financial documents such as bank statements, tax returns and notices of assessment and any insurance papers. Anything of value that you take will be counted when reaching final agreement on overall property division.
I want a property settlement but don't want to go to court what do I do?
The first step is to try and reach agreement by negotiating with your former spouse or partner. We can help you with those negotiations. There are lots of ways to reach agreement including mediation, arbitration and collaboration. It is only if agreement can not be reached that we go to court.
I don't know anything about our finances. My spouse/partner always dealt with that side of things. How do I find out what our finances are?
Firstly, don't worry. People who are involved in a property settlement negotiation must provide all information and documents to show exactly what their financial position is. Even if your spouse or partner refuses to provide the information, we can get the information we need by going to banks, employers, superannuation funds, accountants etc. If you know the name of the superannuation fund, we can get a valuation of your spouse or partner's superannuation. The court can make an order requiring relevant documents and information to be provided.
I am starting a new relationship but want to protect the assets that I own now. Can I do this?
Yes you can. You can have a pre-nuptial agreement if you plan to marry or a cohabitation agreement if you are going to live together and not marry.
What happens if we can't agree about arrangements for the children?
In most cases, parents must first try to resolve disputes about their children - e.g. custody arrangements - through mediation (family dispute resolution). If mediation is unsuccessful, the next step is to go to court. When the court considers your proposals for your children, it must bear in mind their best interests. There are many factors that a court takes into account when trying to decide what is in a child's best interests and the court will make its decision from the viewpoint of the child.
What happens if my spouse or former partner moves away (relocates) with the children?
If you have not given your permission for your children to move, then you can ask the court to make an order that your spouse or former partner brings the children back. However you must act immediately otherwise you might be seen as agreeing to the relocation. Once the children have returned, the court will look at all of the options for the children and decide where they should live based on what is in the children's best interests.
What happens if I want to move (relocate) with my children and my former partner or spouse will not agree?
If moving (relocating) affects the amount of time that your spouse or partner can spend with the children, then you first need to obtain their permission before doing so. If you want to relocate and your former spouse or partner will not agree, then you may need to ask the court for permission to relocate. The court will make its decision about whether or not you can move with the children based on the best interests of the children balanced against your freedom to move.
