Separation or divorce with children in Adelaide: A guide to putting kids first and finding your way forward
During a relationship breakup almost everything familiar changes, whether you've been together for three months or 30 years, we understand the anxiety and stress that occurs when a relationship or marriage breaks down.
It is normal to feel many emotions, after all a breakup or divorce can be one of the most stressful and emotional experiences in life.
At CPC Lawyers, we are passionate about providing the best opportunity for client based support to help you achieve a fair and successful settlement/outcome.
Our approach
Let us help you turn this challenging time into an opportunity for growth and a brighter future.
Understanding the complexities of divorce and family law in South Australia can be overwhelming, especially during such an emotionally challenging time. At CPC Lawyers, we understand the turmoil that comes with the decision to separate or divorce. That's why we're here to provide compassionate support and expert guidance tailored to your unique situation.
Whether you're already navigating the process of separation or planning to part ways with your partner, our team is dedicated to breaking down the legal aspects and guiding you through your rights and responsibilities. From filing for divorce to resolving property or parenting matters, we're here to ensure you understand how the law applies to your circumstances.
Navigating the legal process and where you stand regarding separation, divorce, division of assets, parenting plans and Court proceedings can be stressful and challenging. Speak to one of our family law specialists about your rights and obligations regarding the future of your family law matter.
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We will replace uncertainty with realistic, reassurance and advice that meets you and your families needs. With gentle, pragmatic guidance and understanding, we'll help you through this difficult time.
Whether you're facing mediation or court proceedings, our experienced team will represent you with the utmost highest standards and integrity. We understand that the family court system can be daunting and expensive, which is why we strive to find alternative solutions whenever possible to save you time, money, and unnecessary stress.
With CPC Lawyers by your side, you can rest assured that you have a dedicated team advocating for your best interests. We believe in transparency, especially when it comes to pricing. You'll receive clear and straightforward guidance, so you know what to expect at every stage. Our goal is to provide you with financial clarity, a solid plan for co-parenting (if applicable), and the support you need to navigate through your separation with confidence.
Divorce & Family
Service areas
Areas of Law
Property Settlements & Divorce
When you decide to separate, you and your former partner will need to make important decisions about children, property, money and belongings.
Completing a property settlement is an essential step in the divorce process. Seeking legal advice from a family lawyer experienced in these matters is crucial to ensure that any agreements or orders made are fair, enforceable and pragmatic, we can help with:
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A financial agreement, also known as a BFA or Pre-nuptial Agreement, outlines financial arrangements before, during, or after a relationship to manage assets in case of separation or divorce.
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Consent Orders
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Court Orders and Proceedings
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Spousal Maintenance
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Divorce Applications
Children & Parenting matters
We prioritise your children’s best interests throughout the entire process. Whether it's in negotiations, mediation or Court proceedings, we provide expert representation to ensure the wellbeing of your family.
While you go your separate ways, divorce or separation involving children requires careful planning and communication, we can help keep the following on track:
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Parenting Agreements
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Consent Orders
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Parenting Orders
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Recovery & Location Orders
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Child Support
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Child Protection Law
Disputes & resolution
Leveraging our expertise in negotiations, mediation, collaborative practices, dispute resolution and advocacy skills we navigate you through each phase of the family law journey, safeguarding not only your interests but also those of your children.
At every turn, we remain dedicated to securing a resolution that promotes your wellbeing and fosters a new chapter of stability and fulfillment.
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Dispute Resolution Conferences
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Mediation
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Conciliation Conference
De facto relationships
In Australia, even if a couple is not married but living together in a de facto relationship, they may still need to undergo a property settlement process upon separation. The Family Law Act of 1975 extends property settlement rights to de facto couples who have separated and meets specific criteria regarding the duration and nature of their relationship. Unlike divorce, which requires a 12-month separation period, there is no mandatory separation period for de facto couples seeking a property settlement. However, it's essential to seek legal advice promptly to initiate the process as there are time limitations involved in making property settlement claims.
Divorce
Divorce represents a significant legal milestone, signifying the conclusion of a marriage. In Australia, initiating a divorce application hinges on a fundamental requirement: the parties involved must have been separated for a minimum of 12 months. This separation period is pivotal as it signifies an irretrievable breakdown of the marriage. Either spouse can commence the application independently or jointly, underscoring mutual consent regarding the decision to divorce. Whether managing a straightforward application or navigating complexities such as cohabitation during separation or short-term marriages, it is imperative to comprehend the legal requirements and seek guidance from professionals.
Property Settlements
Property settlements and financial agreements are legal processes used to determine the division of assets and liabilities between parties who are separating or divorcing. These agreements aim to establish a fair and equitable distribution of property, finances, and other assets, ensuring a smooth transition as the parties move forward with their lives separately.
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A property settlement refers to the division of assets and liabilities between parties upon separation or divorce.
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It encompasses various assets such as real estate, bank accounts, investments, vehicles, businesses, superannuation, and personal belongings.
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The objective of a property settlement is to reach a fair and just division of assets, taking into account factors such as the financial contributions of each party, non-financial contributions (such as homemaking and childcare), initial contributions, future needs, and any other relevant circumstances.
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Property settlements can be negotiated directly between the parties, through mediation, or determined by a court if the parties cannot reach an agreement.
Children & Parenting matters
In Australia, when couples with children go through divorce or separation, various legal matters related to parenting come into play. These matters are essential for ensuring the well-being and care of the children involved.
Here's an overview of key aspects we can support you with:
Parenting Orders
Parenting Orders are legally binding arrangements that outline the responsibilities and arrangements for the care, welfare, and upbringing of children following separation or divorce. These orders address various aspects, including where the children will live, the time they spend with each parent, communication between parents and children, and decision-making responsibilities.
Parenting Plans
Parenting Plans are written agreements between parents that outline their agreed arrangements for parenting following separation or divorce. While not legally binding, parenting plans can provide a structured framework for co-parenting and may be considered by the court if there are disputes or disagreements in the future.
Consent Orders
Consent Orders are formal agreements approved by the court, outlining arrangements for parenting matters agreed upon by both parents. Once approved by the court, consent orders become legally binding and enforceable, providing certainty and clarity for both parents and children.
Recovery Orders
Recovery Orders may be sought from the court when a child has been wrongfully removed or retained by a parent or another person.
Child support
Child support refers to the financial assistance provided by one parent to the other for the upbringing and care of the children.
Spousal maintenance
Involves financial support provided by one spouse to the other for their own maintenance and support, particularly in situations where one spouse may be unable to adequately support themselves financially.
Child Protection Law
Child Protection Law focuses on safeguarding the welfare and rights of children who may be at risk of harm or neglect. It involves intervention by government agencies, such as child protection services, to ensure the safety and wellbeing of children and may include investigations, assessments, and court proceedings if necessary.
Meet our Divorce & Family Law experts:
Our commitment is to offer straightforward, easy-to-understand guidance on your legal rights and provide transparent cost estimates, empowering you to make well-informed decisions. Together, we will find the best path forward to help you move forward with confidence and clarity.