DIVORCE &

SEPARATION FAQ

Frequently Asked Questions About Divorce

Below are general answers to some of the most frequently asked questions we get asked about divorce and separation.  These answers are designed to help you understand the divorce and separation law and process in the early stages.

Do I need a family lawyer for my separation or divorce?


If you are considering separation or divorce, legal advice should be sought. A lawyer can help provide a proper understanding of your legal rights and responsibilities, and discuss how the law applies to your specific situation. Seeking a family lawyer during your separation or divorce may also result in an out of court agreement to be reached with your former partner.




How much will a divorce lawyer cost?


The fees of a divorce lawyer may vary depending on your circumstances, however, a filing fee of $900.00 will apply for the Application of Divorce. You may be eligible for a reduced filing fee if you are a concession holder, or if you apply for a reduced fee due to your financial hardship. Contact us today to obtain a personal quote and assistance in applying for a reduced filing fee.




Do I have to pay/can I receive spousal maintenance?


A Grant of Divorce does not automatically determine issues involving children and/or spousal maintenance. These issues are separate, and can be organized before, during or after your Divorce has been granted. You have 12 months to make an application for maintenance once your Divorce has become final. We can assist you with filing an application for maintenance, in relation to both spousal and children.




Which settlement option is best for me?


There are various settlement options which may apply to your specific circumstance. As there are various settlement options, each matter is dealt with differently depending on the specific details of your circumstance. It is recommended that you contact us to receive information on your options.




What if my ex-partner does not expose all our assets & property?


Separating the assets you and your former partner shared can be a very complicated task in many divorce cases. During this process, a divorce lawyer can help you find assets your former spouse may want to hide. Divorce lawyers can utilise tools of discovery in order to obtain information of all income and assets. It is common for some people to conceal certain assets in order to appear penniless.




How to keep a divorce settlement amicable?


We understand that separation is a difficult and sensitive time for all parties involved. When you decide to separate, you and your former partner will need to make important decisions about children, property, money and belongings. Some of these decisions may need to be decided immediately and be as practical as possible. Coming to a temporary agreement with your former partner at the time of separation will have a significant impact on keeping the divorce settlement amicable. If you find you are struggling to remain amicable with your former partner, there are various facilities available to you at Family Relationship Centres, and it is important to utilise your divorce lawyer for advice.




How long does an average settlement take?


Dependent on your particular circumstances, some settlements can take as little as 1 month to complete if you are able to settle amicably. Whilst not all settlements are amicable, those of a complicated nature can take up to 2-3 years until a settlement or Court Order is made.




How long does an average divorce take?


If there are no difficulties in serving your former spouse with the Divorce Application, it will take at least 4 months to obtain a Divorce Order.




How can I minimise the potential traumatic effect on our children?


It’s normal during a separation to feel many conflicting emotions, including anger, resentment, sadness, relief, fear, and confusion. After all, separation and divorce causes grief which can negatively impact surrounding family relationships for the remainder of your life. It is important that the effect of the separation on your children is minimized in order for them to continue to develop healthily, both emotionally and psychologically. A good approach is for both parents to attempt to put aside their differences in order to satisfy their children’s long term needs, with minimal disruption to their usual day to day home and lifestyle environments.





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SA 5031

     

Phone: (08) 7325 0219

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info@cpclawyers.com.au

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