Divorce is an option for married couples who have been separated for 12 months or more and feel that the marriage has irretrievably broken down. To be granted a divorce, you need to apply to either the Family Court or the Federal Magistrates Court.
The breakdown of a marriage can be a very difficult and stressful time where you will need to consider and make some immediate and significant decisions, therefore it is important that you are well advised prior to making any decision relating to property division.
The granting of a divorce does not deal with property or parenting matters.
If your children are under the age of 18, the Court will only grant a divorce if proper arrangements have been made for the care, welfare and development of the children. These arrangements are not necessarily required to be formalised at the time of divorce.
Sam does not practice Family Law involving child custody or parenting agreements.
MATRIMONIAL PROPERTY SETTLEMENT (by agreement)
You do not have to wait until you are divorced to divide your property and debts between you and your former partner. You can make these arrangements as soon as you separate.
If you amicably agree on how things should be divided between you, Sam can draw the document to finalise your arrangement and get the legal process underway to formerly split your assets and liabilities. It is important to note that each partner must have separate legal representation.