Seek legal advice as soon as possible if you:

• have experienced domestic violence 
• could be made homeless
• want to know what a fair settlement would be
• have high-value assets
• have limited or no access to your offspring
• are financially vulnerable compared with your ex-partner.

Divorce law has many moving and interconnected parts that cross over the Marriage Act 1955, Civil Union Act 2004, Family Proceedings Act 1980, Property (Relationships) Act 1976, Child Support Act 1991, and more.

This is why hiring a divorce lawyer will help you avoid common pitfalls and make the whole process go more smoothly for you. 

There are four key areas to consider when hiring a divorce lawyer:

1. Property division
2. Spousal maintenance
3. Custody and parenting time
4. Child support.

Prepare before your first meeting with one of our divorce lawyers.

We recommend a little preparation before speaking with us. That way we can quickly understand your needs and how best to assist you: 

• How long have you been married?
• Do you have children?
• Do you have an existing agreement, like a prenuptial, in place?
• Have you agreed, or think you will agree, on how to handle any property division? 
• Is a business involved? If yes, is there a company? Who owns the shares?
• Is there a family trust? If, yes, who are the trustees and what do they own?
• Have you already separated? If yes, when? You can apply for a divorce after you’ve been separated for at least 2-years. 

Armed with this information, we’ll help you understand where you stand and what your rights are, what your ex-partner’s rights are, and give you trusted advice about your family, property, and financial security. We’ll walk you through the dissolution, property and child issues and processes and answer the many questions you will inevitably have. 

The following information addresses some of the topics you might already be thinking about. 

Children

If children are involved, their welfare comes before anything else. We will help you to reach an agreement with your ex-partner wherever possible. This might include: 

• where the children live
• how they’ll be provided for
• how much contact they have with you and your ex-partner
• how decisions will be taken in future about schools, and more.

Custody can be decided by you and your ex-partner. If you cannot agree, the courts can determine what is best for them. 

Controlling emotions

If you’ve been separated for a while, you’ve probably already worked through many issues. This is good because the best outcomes happen when raw emotions are kept away from the negotiation table. Needless to say, an amicable divorce process is better, faster, and less expensive than the alternative. 

We understand how difficult this time is for you, which is why our divorce lawyers offer compassionate legal representation to help you work through your options. 

Time and costs

There is no one-size-fits-all approach to divorce. If you’ve worked out a lot of the details with your ex-partner, a divorce can be wrapped up relatively painlessly. If not, using litigation as a form of therapy can get expensive very quickly. On average, after the separation period, a divorce process can take 12-months or more to conclude, especially if it’s complex. 

There are many benefits in hiring a professional divorce lawyer, including less stress, understanding what’s going on at all times, and having someone else take care of the legalities so you don’t have to. We get the best results for our clients by being compassionate but not suffering their charged emotions. 

Divorce is never easy, but it’s easier when you have the right team by your side. You can learn more about our Family Law team here or call us on 06 561 0837 to make an appointment. 

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