Divorce Applications
To apply for a divorce in Australia you must satisfy the following criteria:
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Be separated for at least 12 months.
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Be an Australian citizen, live in Australia and regard it as your permanent home or ordinarily live in Australia for at least 12 months before the divorce application.
Then decide which of the two options below is more suitable to your circumstances:
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Sole Divorce Application - This is when one party applies for the divorce application without requiring the involvement of the other.
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Joint Divorce Application -This involves both spouses agreeing to and supplying the information required to apply for the divorce order together.
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Division of Assets & Financial Settlements
In Australia, property and financial outcomes after separation or a spouse’s death are determined based on an equitable distribution principle, not a strict 50/50 split.
Property settlements involve more than simply property. They include all assets, liabilities, superannuation, and other financial resources such as shares or investments the parties have an interest in. Such property includes assets that have been acquired throughout a relationship and may also encompass assets obtained before or after the relationship occurred.
The Family Law Act outlines a four-step process for property settlement, focusing on:
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Asset assessment
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Contribution evaluation
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Consideration of future needs factors
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Ensuring a fair outcome
Parties to a marriage have 12 months from the date of divorce to bring any application for property settlement to the Federal Circuit Court of Australia
The law surrounding the division of assets can be challenging to navigate, and where it is in dispute, you should always obtain tailored legal advice. Dara Family Law specialise in this field and with nearly two decades of experience to draw on, we are highly confident in our ability to provide you with the best possible outcome for you and your children.
Pre-Nuptial or Post-Nuptial Agreements
These are legal documents that outline how property and assets will be divided in the event of separation. The agreement must have been entered into voluntarily without duress or undue pressure on either party.
For a Binding Financial Agreement to be considered valid, it must be transparent with full financial disclosure being exchanged between the parties. Where this has not occurred, the agreement may be invalid and unenforceable.
It is a legal requirement that before entering into a Binding Financial Agreement, both parties are to obtain independent legal advice as to the effect of the agreement and the advantages and disadvantages of the agreement at the time of entering into it.
Contesting a Will or Inheritance
Navigating the loss of a loved one is never easy, and the complexities of the law can only add to the grief. At Dara Family Law, we recognise the emotional weight of these types of disputes and offer compassionate, expert guidance to protect your rights and interests during this difficult time.
Domestic Violence Protection Orders (DVOs)
A Domestic Violence Protection Order (DVO) is a legal protection issued by a court to safeguard individuals from domestic violence.
It imposes specific conditions on the person who has committed the violence (the respondent) to prevent further abuse.
These conditions may include no-contact orders, prohibitions on approaching the victim, and requirements to vacate the family home.
The primary goal of a DVO is to ensure the safety and well-being of the victim.
There are two main types of Domestic Violence Orders:
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Temporary Protection Order (TPO): Issued quickly to provide immediate protection to the victim until a final decision is made.
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Protection Order: A long-term order issued after a court hearing, providing ongoing protection to the victim.
It is advisable to seek legal advice from a family law expert to ensure that your application is comprehensive and well-supported. Dara Family Law can guide you through the court proceedings and help you understand the legal aspects of your case.
Spousal Maintenance
Under the Family Law Act in Australia, both spouses have a duty to support and maintain each other, even after you have separated or divorced. Essentially, the laws are written such that the extent of the support depends on the following:
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One spouse (the applicant) is unable to adequately meet his or her own reasonable needs; and
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The other spouse (the respondent) has the capacity to pay.
When deciding any financial disputes after a divorce proceeding, the court bases its decisions on the following information (for both spouses):
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Financial resources
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Income and debts
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Whether the children live with you or your former spouse
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Your age and health (which determines future requirements)
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Your ability to earn, and whether this has been affected by the marriage
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What is considered to be a suitable standard of living
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It is necessary that both parties attempt to reach an agreement outside of court, before filing an application for spousal maintenance orders.
parenting Disputes
When parents split up in Australia, the Australian family law prioritises the well-being of children under 18. This means both parents ideally stay involved in their children’s lives as long as it benefits the child (known as the “best interests of the child “). This is paramount to any parenting disputes.
Parenting dispute battles can be highly emotive, and each parent can have a substantially different perception of what is in "the best interest for the children". These circumstances can be challenging to manage, and this is why it is so important to ensure you have a family lawyer on your side to advocate for you. We will always ensure you are fully informed about your rights and responsibilities during this time.
Parenting Order
Dara Family Law strongly believes that separated parents should wherever possible agree on a ‘parenting order’ and then have that documented in final orders made by the court, ensuring it is legally enforceable. Key topics that should be covered in this document include:
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Parental responsibility: Deciding how important decisions about the child will be made and whether joint or sole parental responsibility will be granted.
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Living arrangements: Determining when and with whom the child will live.
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Special occasions: Planning how the child will spend time with each parent during holidays, birthdays, etc.
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Changeovers: Establishing how the child will transition between parents’ care.
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Communication: Setting guidelines for how the child will communicate with both parents.
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Extended family: Addressing the child’s relationship with grandparents or other family members.
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Behaviour: Establishing expectations for parents’ conduct towards the child and each other.
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Travel: Outlining rules for interstate or international travel with the child.
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Medical care: Addressing health-related matters and decision-making.
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Education and activities: Determining school attendance, involvement, and participation in extracurricular activities.