Family Lawyers with Sensitivity and Professionalism During Challenging Times
Going through a divorce or separation and settling property whilst keeping things as calm as you can if children are involved, can be a challenging time in anyone’s life.
Our family law team have a combination of professionalism and sensitivity to help you through this phase of your life with the best legal outcomes possible.
We will help you with a range of Family Law matters including:
- Obtaining a divorce
- Property settlement (marital and de-facto)
- Pre-cohabitation agreements
- Parenting orders and children’s requirements
Mahony's Lawyers offers a first interview FREE for family law clients that can provide the guidance and support required during what is often a difficult time in a person's life.
Divorce and Separation
In Australia we have a no fault divorce system meaning that you do not have to show that the breakdown of your marriage was caused by one of the spouses. All you need to show to the court is that you have been separated from your spouse for a period of 12 months and that there is no possibility of reconciliation. There are some exceptions where the marriage was less than 2 years. Please talk to us about these exceptions.
To be accepted as being separated from your spouse does not mean that you have to live apart, you can be separated from your spouse but still live under the same roof. You need to show to a court that despite living under the same roof you are living separate lives.
Mahony’s Lawyers will assist you in preparing all the necessary court documents and serving them (if required) upon your spouse. We take the stress out of a divorce by handling all the paperwork for you and enabling a smooth as possible process of divorce and separation.
Property Settlement - Division of Assets
Property settlement is about dividing up the property of the marriage/de facto relationship and is separate to the divorce proceedings. Property includes items such as a house, car, boat, furniture and effects, savings in bank, shares, superannuation, potential compensation claims and debts.
Property settlement can occur:
- after separation
- before divorce
- whilst you are applying for divorce
- after a divorce is granted (note there are time limits applicable)
Mediation with your former partner
It is helpful to attempt to outline what property you and your former partner have at the date of separation and estimate the values of each item and debt. This will form a rough asset pool and will assist in working through the division of the property. We need to ascertain the amount of property we are dealing with to work out the division of the property to each spouse.
You may wish to speak with your former spouse about the division of the property to agree on the value of the property and the asset pool as this will make the division of the property much quicker and easier for each spouse. Mediation can assist with this process and if an agreement is reached you should obtain independent legal advice to ensure that you are aware of your entitlements and obligations.
Time Limits After Separation
If you have been divorced, you have 12 months from the date of the divorce being finalised to apply to the Family Law Courts for a property settlement.
For a de-facto relationship there is a 2 year time limit from the date of separation which applies. Extensions of time can be granted. Please ask us for advice on this.
When spouses separate, keeping things as smooth as possible to alleviate stress on children can be very challenging. As tough as this may be, in the longer term you will be thankful if you made this process a smooth (as possible) transition for your children.
Mahony’s Lawyers will help you with this. We understand these times can be difficult and we also know we need to resolve matters as soon as is possible. Please consider that it is in the interests of the child to spend regular time with both parents and extended family including grandparents. If you have difficulty in talking to your former spouse about the short and long term arrangements for your children, Mahony’s Lawyers will help you.
If you reach an agreement with your former spouse about the arrangement for your children then you should have this agreement drafted and filed with the Family Court as Consent Orders to ensure that the agreement is enforced. We will help you create and submit this paperwork.
If you cannot reach an agreement with your former spouse or if there are issues of domestic violence, then you can apply to the Family Court for the Court to assist you in determining the suitable arrangements (short and long term) for the children.
The Mahony's Lawyers Family Law team are experienced and available to draft and file urgent court documents and attend Court for you at short notice.
What Our Clients Are Saying....
“When I came to see Mahony’s Lawyers I was in a state of despair. My life was falling apart around me. My husband had left me with the children and moved interstate without having finalised property settlement matters. I knew I had to do something so I went and saw Danielle De Pizzol at Mahony’s Lawyers. Mahony's Lawyers helped me through a distressing family law dispute regarding both children’s and property settlement matters. I thank Mahony’s Lawyers for resolving my family law dispute in a professional and swift manner”.