Divorces are generally thought of as straight forward by most people. However, if there are children under the age of 18 involved, or the separation is not pleasant, it's very important to discuss with your lawyer your requirements before an application can be made for a divorce.
It's important to note when you've applied for a divorce, or if a divorce has been finalised with the Family Court, you only have 12 months from the decree absolute being made to either file proceedings for property settlement and/or file Consent Orders as to the distribution of property.
It can be quite complicated, but we can assist you in understanding and meeting your rights and obligations associated with Divorce proceedings.
Nowadays, with limited exceptions, all the parties involved in family law disputes must participate in pre-action settlement negotiations. These include the early exchange of a wide range of financial and other documentation. It's important that this happens because failure to do so may prevent the filing of an application with the Court. And this may result in serious cost consequences for the non-participating party.
In children's matters, all the parties must now participate in Alternative Dispute Resolution with a registered family dispute resolution practitioner. Once completed, they must then provide a certificate as evidence before commencing proceedings.
Carneys Lawyers can help clients participate in this process by providing early advice, referrals and assistance, and ensuring they understand their rights and obligations during these compulsory processes. This can sometimes lead to an early settlement.
A continually evolving area of the law, there are a number of steps applied in considering what parties may be entitled to following the breakdown of their relationship. There are sometimes formal valuations to obtain, covering for example, superannuation or the value of a business.
We can help people who find themselves in a dispute about the distribution of property understand their rights and how the law may be applied to their situation. We can help negotiate a settlement or proceed to file proceedings with the Court if that becomes necessary.
We have considerable experience in litigation with strong relationships with specialist Family law barristers, accountants, business valuers and other experts to assist us in supporting our litigation practice for Family law clients.
Usually in a third of cases, parents who have separated are initially unable to agree about the arrangements for their children. It can sometimes be hard to talk directly with a former spouse and these matters can be hotly contested and very emotional. At Carneys, we have the experience to assist parents put forward their case for living arrangements and/or to spend time with their children, and in drafting orders and parenting agreements that are workable for everyone.
Even if you can't agree, we'll assist you by explaining the Court processes, such as compulsory counseling and the Less Adversarial Trial program. Plus we can arrange alternative dispute resolution and if necessary, conduct litigation on your behalf.
We can also assist grand parents and relatives who'd like to spend time with the children apply to the Court for orders.
Even If you can't agree about a specific issue, such as applying for a passport, what school your child should attend or whether a parent is permitted to re-locate with a child, we're able to advise and assist you in reaching agreement or making an application with the Court.
Defacto relationships are more common than ever these days. The affairs and legalities of defacto matters have always been dealt with by the District and Supreme Courts, and for some people this arrangement will still apply. However, the Federal Government recently introduced changes to permit Defacto couples to apply to the Federal Courts (Family Court and Federal Magistrates Court) for orders relating to property. It's also amending the law to bring equality to the way the law is applied between Defacto and married couples. These changes will come into effect this year.
We can assist clients who have been in defacto relationships navigate this new process with legal advice and assistance in negotiating and settling disputes, and if necessary commencing proceedings.