Divorce. It’s often needlessly clouded in negative connotations and stereo-types. Yes, it is emotional but it can also be liberating and set you on a path to a new & exciting future.
Getting divorced doesn’t have to be a long, drawn out process of ugly court battles. With the skillful expertise of Lawyers by the Bay, your divorce needs will be taken care of swiftly and efficiently so you can get on with living your life.
As the leading divorce lawyer on the Mornington Peninsula, we understand all aspects & intricacies of family law. With court as an absolute last resort, we will work tirelessly to support you and your family through this very turbulent time.
The legal stuff
Divorce is the legal end of a marriage.
To get divorced in Australia you need to show two things:
1. that you have been separated for at least 12 months;
2. that there is no prospect of reconciliation.
It does not matter who was at fault or whether one of you does not want a divorce.
The only way to stop a divorce is to show that one of the two things you need to prove has not occurred.
Applying for a divorce is usually straight forward with many people applying without the help of a lawyer. Either you or your spouse, or both of you together can make an application for a divorce. If however you would prefer the help of a lawyer, we can definitely assist you with the process.
Sometimes, divorce applications can get complicated. For example, if:
- You do not know the whereabouts of your former partner;
- Your separation was complicated, perhaps with periods of reconciliation;
- You have been separated under the one roof;
- There is no agreement about when you separated;
- You are not an Australian citizen or have spent most of your life outside Australia;
- You have been married for less than 2 years.
In any of these situations, you should seek legal advice.
You should always remember that your divorce will not deal with any other legal issues such as who the children live with, child support or the division of property.
Please feel free to contact us to discuss and guide you through your divorce application.
A bit more of the nitty gritty...
/- Parenting Matters
If you have split with your partner, working together to ascertain what’s in your child/s best interest can be a difficult process. We work collaboratively with you to work out what their rights are, what your rights are, and how best to achieve those rights and your goals.
Our expert team is experienced in working through equal share care or 50/50 arrangements, ensuring to protect children from abusive or controlling parents, and assists in directing advice international or interstate relocation as well as abuse or sexual abuse allegations.
/- Consent Orders
Whilst some situations may not require Court and both parents can come to an agreement without a trial regarding either parenting or financial matters, we can assist with documenting your agreement by a consent order. Although you may feel confident with your informal agreement, in some circumstances your ex-partner may change their mind, and therefore having an order provides certainty.
There are however certain issues that a consent order do not cover. At Lawyers by the Bay, our knowledgeable team can assist you in how best to approach a consent order and what the best next step is for you.
/- Child Support
When you separate from a partner and have a child/ren together, you may be required to pay child support regardless of how much access you have to the child.
Our team can assist the best way to come to an agreement, whether through the Child Support Agency or a private agreement. We work with our clients to best assess the situation and ensure correct agreements are in place.
/- Property Settlements
There is a lot to take into consideration when going through a divorce or splitting from a partner and it is often a stressful time. Either yourself or your ex-partner may owe money or have outstanding debts. It is therefore important that issues are handled by a property settlement.
Here at Lawyers by the Bay, we assist clients in understanding and determining any debts you have with your bank, mortgage debts, credit card debts, or any finance you have on a car to then work out the best approach in settling and dividing all assets.
/- De Facto & Same Sex Partners Property
At Lawyers by the Bay, we are experienced in handling many scenarios connected to de facto and same sex partnerships.
There are a lot of factors and various situations that can occur, and it is therefore important to seek a lawyer’s assistance to seek the correct information.
In most cases a de facto property or maintenance application can be made if:
- The relationship existed for at least two years, or
- There is a child of the partners
However, there are many factors and complications to take into consideration and it is therefore best to organise a consultation with Lawyers by the Bay today to discuss your situation.
/- Spousal Maintenance
Financial (spousal) maintenance for partners is when a partner has to maintain their ex-partner financially after a relationship ends. It differs to child maintenance and generally people only have to pay maintenance if they can afford it and their ex-partner can’t support themselves or meet their financial requirements after the breakdown of the marriage or de facto relationship.
There are many negotiations to take into consideration for this claim. At Lawyers by the Bay, we can assist by;
- Providing advice on your eligibility based on the income and expenses for both parties
- Providing advice on the other party’s entitlement to spousal maintenance
- Make a spousal maintenance claim
- Resisting a spousal maintenance claim
- Family violence
At Lawyers by the Bay, we have experience in handling all family law matters on behalf of a victim or person accused of family violence. Family violence is a serious matter, and we have a determined and experienced team that are able to work with a client whether it be to apply or defend;
- Personal safety orders
- Restraining orders
- Intervention orders
- Apprehended violence orders
- Family violence orders
- Domestic violence orders
Family violence can have a significant impact on both adults and children. We strive to make the process straight forward and simple and as an experienced and compassionate firm, we can help you achieve the best outcome in the short and long term.
/- International Issues
Our team can assist with relocation and international issues regarding custody of children and what laws are in place, covering your rights as well as your children/s rights when relocation is in discussion.
We understand that relocation cases are complex, highly emotional and have a significant impact on all parties involved. We confidently provide the best information, so that an amicable agreement can be met.
/- Financial Agreements
In the event that a relationship ends, a financial agreement can be beneficial for both parties to provide some certainty and what each person is entitled to. Binding financial agreements can be used within married, de facto or same sex relationships.
We can confidently advise you on your binding financial agreement and ensure that it satisfies all legal requirements.
/- Intervention Orders
In the event of family violence, an intervention order can be put in place by the Courts and make orders to protect people and property.
You can either be served with an intervention order or you may need an intervention order. We can assist in talking to the police in the case that you may require an intervention order to ensure safety and well-being for either yourself or family members.
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