Divorce and Separation
We will do the negotiating for you.
Divorce is the legal dissolution of a marriage by court. An application for Divorce can be done either as a Joint or Sole Application.
Whether you apply for a Joint or Sole application for divorce BSG Lawyers will provide you with the expert advice and compile all the necessary documents and represent you in court (if necessary) so that your divorce will be granted with the minimal of problems.
But my separated spouse is living in another country?
We have undertaken numerous applications for people whose separated spouse is living in Australia.
If your spouse whom is separated from you is not living in Adelaide or is living overseas (or you do not know where they are living) the process of applying for a divorce can be more complex. Often these types of applications for divorce are a ‘Sole Application for Divorce’ and as such the court’s requirements to establish/prove that the ‘divorce documents’ have been served to the other person in a different state (not in South Australia) or in another country are very stringent. BSG Lawyers have extensive experience undertaking there sorts of Divorce Applications.
Property Settlement and the Living Arrangements for my children following separation.
There are many variations of passages of Lorem Ipsum available, but the majority have suffered alteration in some form, by injected humour, The dissolution of a marriage (Divorce) or the ending of a De Facto relationship can also bring into play significant other factors, those factors being:
- The alteration of property interests and the term used for this division of assets after separation is “property settlement” and:
- The living arrangements for the children.
Property Settlement
Property settlement can be a complex and highly emotive process (like most family law matters). There are many misconceptions about property settlements and often what is considered to be “property” of a marriage or the facto relationship. Some people think that because their name is not on the title of the matrimonial home (or other property) that it gives them no rights to that property. This is not the case. Furthermore, being a stay at home mum is given significant weight under the Australian Family Law. There are a number of other factors that we will clarify you.
Having determined the matrimonial asset pool (assets and liabilities) the question then turns to how that pool of assets is to be divided. There are many factors that are determinative in this process, some of those factors are:
- The age and state of health of each of the parties;
- Income, property, finances and ability to earn an income;
- Whether either party has the care or control of a child of the marriage who has not attained the age of 18 years;
- Commitments relating to support of themselves, a dependent or other person;
- Eligibility for a pension, allowance or benefit;
- Where the parties have separated or divorced;
- The extent to which payment of maintenance could enabling further education and therefore increase their earning capacity;
- The effect of any proposed order on the ability of a creditor of a party to recover a creditor’s debt;
- The extent to which one party has contributed to the income, earning capacity, property and financial resources of the other party;
- How the length of the marriage affected the earning capacity of the party seeking maintenance;
- The need to protect a party who wishes to continue their role as a parent;
- Financial circumstances of any current cohabitation by either party.
A family law property settlement whether from a marriage or a de facto relationship can be made final by either a family law court order or a binding financial agreement.
Consent Orders
Once the parties of a marriage and/or de facto relationship come to an agreement of how the assets and liabilities of that relationship are to be divided, we will prepare the necessary documents that reflect those assets and liabilities and how those assets and liabilities are to be divided (dealt with) between the parties. This can include superannuation which as an asset of relationship and can form part (and often is) of the property settlement whereby one of the parties superannuation is transferred to the other party’s superannuation fund.
Another misconception is that you need to be divorced to undertake a property settlement. This is not the case: final orders for the division of matrimonial property can be sought from the time of the separation.
Avoiding Court
Unlike the very expensive, highly stressful and time-consuming process of court litigation – consent orders are a cost efficient, less adversarial way of resolving your matrimonial/de facto property settlement.
Living arrangements for the children
Often the most emotive and stressful aspect of separation is the process of coming to an agreement about the living arrangements for your children. Whenever dealing with the children of a relationship it must be done keeping in mind what is in the best interests of those children – not what is in the best interest for either of the parents.
We have extensive experience in complex parenting matters including where, sadly, there are issues concerning child abuse and other serious factors concerning children. Formalising the living arrangements of the children and finalising how the property of the marriage (and or de facto relationship) is to be divided can be part of the one application for Consent orders.
We will guide you and be your strong advocate through what can be one of the most difficult and confronting aspects of a separation. We will help you rebuild for a better tomorrow.
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