It is a really good idea to seek some legal advice. A solicitor will be able to discuss the pros and cons of the options available to you and tailor a solution that will best suit your needs whilst always remaining child focused. Very generally your options are as follows: Verbal agreement. There is no [...]
Your legal fees will depend on the level of cooperation between you and your ex-partner. If an agreement has already been reached a legally binding document can be drawn up for a fixed fee and your matter has been resolved at the low end of a cost estimate. If parties fail to reach an agreement [...]
This document contains the agreement for your property settlement. It does not need to go before the Court but each party must receive independent legal advice. The agreement must adhere to all the requirements of the Family Law Act 1975 to be legally binding.
This document contains the agreement of your property settlement and/or children’s issues and is lodged with the Family Court. So long as it is considered by the Court as fair and equitable (for property settlement) and in the best interests of the child/children (for children’s issues) it will be given the seal of the Court [...]
No. A statutory declaration is not legally binding. Property settlement agreements can only be made binding by either Consent Minutes of Order (CMO) or Binding Financial Agreement (BFA).
A lawyer will help you ascertain if the settlement is a fair and equitable one. They will also be able to draw up an agreement which is legally binding to protect you in the future. Both parties are unable to see the same lawyer because each party must receive independent legal advice.
There is no requirement to go to Court when parties have split (even when children are involved). Certainly at CARES Lawyers we do our best to keep your dispute from the Court room. When you split from your partner, or even if you are thinking about splitting, you need legal advice. You need to have [...]
Perhaps. The answer to this question will depend on your situation. If you and your spouse are making a joint application, generally you will not be required to attend. If you are making a sole application and you have children under 18 you will be required to attend. If there is anything out of the [...]
There is no fault in Australia. The only requirement is that the marriage has broken down irretrievably. What does this mean? There is no reasonable likelihood that you will get back together. You must be separated for at least 12 months prior to the date of filing your divorce application in order to satisfy the [...]
You may remarry once your divorce has become finalised. This is usually one month and one day after your divorce hearing. Before paying the caterers we recommend obtaining the divorce order first just in case the Court requires further information at the divorce hearing and the divorce is delayed.