Separation & Divorce
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Separation
Separation is stressful and complicated for most people and involves significant change. There is a lot to think about and decisions need to be made about your living arrangements, parenting arrangements, the division of assets and finances and how you will support yourself financially.
Seeking specialist family law advice early can make a significant difference to the long-term outcomes.
Seeking specialist family law advice early in the separation process can make a significant difference to the long-term outcome of your parenting arrangements and property settlement. Gaining early advice sets you up with the most options and a better final outcome.
Considering separation
If you are only contemplating separation, it’s important to understand your options so you can make informed decisions and take the right actions at the time you separate.
In the midst of separation
If you are already in the midst of separation, don’t worry, it’s not too late. Seeking specialist family law advice will help you understand all your options so you can make the best decisions for your future.
Divorce
In Australia, divorce is a separate process to the division of your assets or financial settlement. Unless time limits apply, you can seek a financial settlement before or after divorce.
You can apply for a divorce once you have been separated from your spouse for 12 months. This can be complicated if you have been ‘separated under one roof’ (i.e., living separately in the same house). Although it still counts if you have been living in the same house as your former partner, your divorce application may be more complicated than if you have been living separately and apart for 12 months.
Sole vs joint applications
You can either make a sole application or a joint application for divorce. A joint application must be signed by you and your former partner. Making this type of application is usually straightforward and you don’t need to attend court.
Making a sole application can be more difficult. Your former partner will need to be personally served with your application and if you have children, the court must be satisfied that proper arrangements are in place for their care.
Application process
Most people will find divorce applications simple enough to prepare without a lawyer and many of our clients prepare their own divorce application online. However, we understand the process is stressful and we often assist clients by preparing their divorce application so they can take one more thing off their plates.
The process can be stressful and we often assist clients by preparing their divorce application so they can take one more thing off their plates.
In some situations, a divorce application can become difficult. For example, if your former partner contests the application, you cannot locate your former partner, you were married overseas, or you want to get divorced when part of the 12-month period includes a period in which you were ‘separated under one roof’.
Time limits and seeking advice from a divorce lawyer
It’s important to remember that you only have 12 months from the date your divorce is granted to finalise a property settlement with your former spouse.
It’s essential to gain specialist family law advice at the time you are contemplating divorce, to ensure you don’t run out of time and you set yourself up for the best possible outcome.
It’s essential to gain specialist family law advice at the time you are contemplating divorce, to ensure you don’t run out of time and you set yourself up for the best possible outcome.
If you require assistance with a divorce application, please contact us to arrange a confidential discussion.
Testimonials
What our clients say
I was fortunate enough to have been given Lana’s details whilst trying to navigate my separation. Obviously it was a very confronting time for all involved, so to have someone like her guiding me through the process was a blessing. I found Lana to be very considerate, extremely professional and just a genuine person to deal with. Can’t recommend Hulse Family Law more highly.
I will be forever grateful to Lana for making the process of divorce as stress-free as possible. She was very knowledgeable, supportive and reassuring through the entire process. Lana always took the time to clearly and efficiently explain any questions I had along the way. I was extremely satisfied with the outcome and have no hesitation in recommending Lana’s high quality professional service for all your family law matters.
Separation is a highly emotional and challenging time, without any knowledge of family law, the way forward was full of uncertainty. Lana’s knowledge and experience was invaluable in providing me with the answers I needed and the options available to me. I wouldn’t hesitate to recommend Lana and Hulse Family Law.
During the pandemic, Lana helped me navigate an extremely difficult separation. With her extensive knowledge of family law and her professional approach, she was able to guide me through the process calmly with compassion, listening patiently to my concerns and offering a range of solutions. She helped me make informed decisions during an emotional and stressful time. The process was resolved efficiently with minimal conflict. I have no hesitations in recommending Lana for any family law matter.
Amazing service through one of the most difficult times in my life. Separation can be one of the most stressful situations anyone has to go through and Lana did the most incredible job of helping me through it every step of the way. Her genuine, kind and caring approach along with outstanding legal knowledge was second to none, along with personal advice she gave with all possible options and outcomes. Words can honestly not express enough how grateful I am.
Lana did an amazing job helping me navigate the very challenging and often scary process of separation, child custody and asset division. Her calm approach and confident advice steered me in the right direction and enabled me to obtain the best outcome for my family. Lana is patient, steady and wise and really manages to see the big picture without missing important details. I would recommend Lana for anyone seeking legal support through the process of separation.
I would highly recommend Lana, she has a wealth of knowledge and experience with family law. She helped me understand what my rights were and was able to give me the information I needed before progressing further with separation. I appreciated her timely manner in always getting back to me, and the way things were explained so well. I felt listened to and supported through a challenging time and was very happy with all the outcomes.
