Separation is difficult enough without the added burden of the division of
property. But unfortunately, this must be undertaken. Whether you and your former spouse were married or living in a de-facto relationship, dividing property that you and your former spouse have built together can be one
of the most difficult and divisive issues following separation.
Such property may include:
- Real Estate (including the family home)
- Money in the bank
- Shares
- Superannuation
- Inheritances
- Cars, furniture and other personal items.
Of course, it is always best to reach an agreement on how to divide such
property. If an agreement is reached, a Court Order (By Consent) is always the best way to cement the agreement.
If an agreement cannot be reached, the matter will go to either the Family Court or Federal Circuit Court to determine such property division. The Court will then make orders for the division of your property.
In doing so, the court considers:
- The value of your property and any outstanding debts
- The financial contribution of both partners to the relationship
- Any indirect financial contribution such as an inheritance or
gift from family - The non-financial contribution of each partner, such as caring
responsibilities and home-making - The future requirements, based on age, health, financial resources,
care of children and future earning capacity.
Contact Bob Zelden of Zelden Solicitors immediately.
Safeguard your property thereby protecting your interests and
safeguard your future.
Child Custody disputes are often the most difficult in any separation.
This is why it is so important to obtain the right advice at an early stage.
Where no Court order exists, the Family Law Act provides that both parents
are the custodians of the children. But this type of arrangement is almost
impossible in reality.
In order to avoid a procrastinated hearing as to child custody, it is always
best if you and your ex-partner can agree on the childrens’:
- living arrangements;
- education;
- access for grandparents and other relatives;
- management of events, including school holidays, special occasions
such as Christmas and birthdays; and - domestic and international travel.
If you and your ex-partner can agree on the above, a Court order can
cement the arrangement. However, if agreement is not possible, the Court
will be asked to resolve the dispute.
Going to Court is stressful, expensive and time consuming. It can also tear
a family, particularly children even further apart.
Bob Zelden of Zelden Solicitors is experienced in supporting families to
navigate troubled waters during separation, including the negotiation and
agreement on child custody. If agreement cannot be reached, you can feel
confident that you have experienced legal representation by your side.
Divorce finalises the legal relationship between spouses.
In Australia, divorce can not be obtained as soon as you separate.
In most circumstances, you must be separated from your husband or wife
for a period of at least twelve (12) months.
In order for your divorce application to succeed, the following must apply:
- Your marriage has broken down irretrievably;
- There is no reasonable likelihood that married life will at some
point continue; - Reasonable arrangements have been made for all children under
eighteen (18) years of age; - You have been married over two (2) years
(or if this does not apply to you, then you have undergone required counselling).
As well as the above, you need to have some type of jurisdictional
connection to Australia.
Problems can arise where one party wants a divorce but the other party
refuses to have the divorce. Other problems may also arise.
If you are at the stage where divorce is necessary or desirable, contact Bob
Zelden of Zelden Solicitors immediately.
The process of Divorce will be explained in great detail. You will feel
comfortable to know that your rights are being taken care of. You will get
accurate and timely advice in relation to the divorce process.
All requirements shall be taken care of.