Unfortunately, when a relationship dissolves, there is more to be considered than just finances. There is also considerable impact on emotions, particularly in the event of extended divorce proceedings. Our highly experienced Family Law team understands that this can be an emotional time and strive to achieve the most timely and positive outcome. We always ensure that your best interests are at the heart of every decision and keep you well informed to achieve the best possible result.
At McCarthy Durie Lawyers, we provide a comprehensive range of services in all matters concerning relationships and relationship breakdown including:
- Advice on separation for married people and people in same sex or de facto relationships
- Cohabitation Agreements and Pre-Nuptial (pre-marriage) Agreements
- Children’s issues – residence (“custody”), contact (“access”), abduction, grandparents “rights”, financial support and parenting matters
- Child custody rights for fathers
- Property Settlements – distribution of assets, family trusts, company, partnership and superannuation implications
- Court Applications
How soon can I get a Divorce?
After you have been separated for 12 months.
What are the grounds for Divorce?
The only ground is “irretrievable breakdown” of the marriage. This is proved by being separated for 12 months.
Do I have to go to Court to get a Divorce?
Only if there are children under the age of 18 years, however where there are children under that age, if you and your spouse jointly apply for a Divorce then you don’t need to go to court.
Can we separate whilst living under the same roof?
Yes. Separation does not necessarily have to be physical separation. Special rules apply however if these are the circumstances.
What happens if we get back together for a short period?
There is no need to start the clock again provided that the reconciliation or periods of reconciliation, if more than one, do not exceed 3 months in total.
Click here to view our Divorce team.