A Divorce is the legal document that entitles you to get remarried. Division of property on separation refers to dividing up the property of the relationship. Sections 79 and 75 of the Family Law Act 1975 are taken into consideration when dividing up property in a manner that is just and equitable in all the circumstances.
The team at Priest Legal are experienced in all matters relating to family law.
To be able to apply for a divorce, you must have been separated for at least 12 months. The divorce application can be either filed as a sole application or a joint application. An application for divorce must be filed in the Federal Circuit and Family Court of Australia. You can prepare your own divorce application, or a lawyer can do it for you.
Deciding that you want a divorce is a huge decision, made even more stressful and overwhelming if the other party does not feel the same way. In Australia, you do not need both parties to agree in order to file for divorce. An application for divorce can either be filed as a sole submission or a joint submission. So you can file for divorce without needing your spouse to agree. However, you must be separated for at least 12 months, and the relationship has irretrievably broken down.
Not all family law matters have to be heard in court. Divorce is the legal process of dissolving a marriage and will need to be finalised in court in the event of a sole application. Parenting and property arrangements, however, are a separate process from the divorce itself. Parenting and property arrangements needn’t go to court. It is possible after separation to resolve your property and parenting arrangements amicably, minimising the impact on children.
Priest Legal is home to a team of dedicated lawyers specialising in family law, including mediation and dispute resolution.
Technically, yes, you can represent yourself in Family Law court. Representing yourself is referred to as being a self-represented litigant, which is allowed. However, there are many reasons this is not advisable, and you are putting yourself at a high risk of not achieving the outcome that you desire. The rules, litigation and court proceedings surrounding family law matters are complex, and even if you feel well prepared, there are many potential pitfalls. Not understanding court proceedings, and filing false or misleading evidence (even unintentionally) can greatly harm your case, costing you more in the long run. A highly experienced lawyer will be able to navigate this system for you and minimise unnecessary time in court. If you feel that you must represent yourself for whatever reason, at the very least, we recommend seeking legal advice first.
This varies, depending on the complexity and type of case. There is no time frame that family law proceedings have to adhere to. Proceedings can take anywhere from 12 months to 3 years to finalise. A divorce, however, usually takes about four months from filing the application. Most property and parenting arrangements take up to two years to finalise. If the matter is urgent and involves the safety of children, the court may make special arrangements to resolve the matter sooner. Having an experienced lawyer can minimise the time that court proceedings take. A family lawyer can also assist with mediation, so both parties can reach a settlement without ever needing to go to court.
It is recommended that everyone over the age of 18 in Australia have a valid Will, especially if you own property. If you die without a Will, your assets will be distributed according to state law. This may not be how you would like to have your assets distributed.
It is possible to make your Will yourself, and you may have seen advertisements for DIY Will kits. This may save you money in the short term but can be costly in the long run. It is strongly advisable that you seek professional legal advice when creating a Will or estate plan. Any errors in the document can mean that the will is no longer legally binding. Also, if the instructions are not clear or actually viable, it can cause disputes, delays and high costs for the beneficiaries. It is also important to seek legal advice on tax issues that need to be considered when drafting a Will.
The Executor is the person appointed to organise and administer your estate. Their role is to carry out the instructions in your will. The role of the Executor comes with many responsibilities. They must notify beneficiaries, look after the estate, make a list of all assets and liabilities and their value, administer the estate, complete income tax returns, pay all debts, divide the estate and establish trusts. This is why appointing an executor is an important decision to make. Priest Legal can advise you on this process.
A Will is a legally binding document that outlines where and how the deceased individual's assets will be distributed. An estate plan includes a will, however is more detailed, and also includes several other documents such as powers of attorney, advance directives and trusts. An estate plan allows for the use of Trusts to distribute assets. An estate plan also covers what happens if a person becomes incapacitated and can no longer make decisions about their health or finances. Priest Legal can advise you on which option would be best for you.
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