The branch of law concerned with legal issues involving family relationships.
All you need is love? Don’t believe the hype! When it’s over and the rose-coloured glasses come off, you need the knowledge to put it all in perspective and approach separation objectively.
Here are some useful concepts you need to know:
What’s mine is mine, what’s yours is yours. That’s all well and good, but did you know it is not actually the case? Property settlement is the process of legally dividing up the assets of the relationship. This can include assets that were brought into the relationship, assets accumulated during the relationship, and in some cases assets received by one party after the date of separation. In Australia married couples can do a property settlement anytime up to 12 months after the date a divorce becomes final, and de facto couples can do a property settlement anytime up to 2 years after the date of separation. Why should you do a property settlement if you both agree on the division of your assets? Because anytime up to the end of that time limit, and in some cases even beyond, you might find your ex knocking on your door…
Perhaps the hardest part of a relationship breakdown is the impact it has on children and their right to spend meaningful, quality time with each of their parents and also with extended family members. When deciding where children should live and who they should spend time with it is important to consider their safety and to minimise the impact on their relationships. If you are angry at your ex your first response might be to withhold your child from seeing them, but that is not necessarily in the best interests of the child.
If you were married to your spouse, at some stage you will be ready to move on and close that chapter in your life. Divorce is the formal legal process of severing a relationship. You cannot apply for a divorce less than 12 months from the final date of separation, and Australia has a no-fault divorce system which means you cannot blame your spouse or be blamed by your spouse for any indiscretions during the marriage.
At North Coast Law our family law solicitors are passionate about tailoring the family law process to your individual circumstances.
We look forward to working with you.