Family Law Addition Facts and Questions

1. When can I get divorced?

You must have been separated for 12 months before you can apply for a Divorce. The 12-month period is calculated from the date of separation until the date the Application for Divorce is filed. You can be separated and still live under the same roof.

   2. Do I need to attend Court for the Divorce Hearing?

If you and your spouse file a joint Application for Divorce, there is no requirement for you or your spouse to attend the hearing.

If you file a sole application and there are no children of your marriage under the age of 18, and you can prove that the application has been served upon your spouse, then you do not have to attend the hearing.

If you file a sole application and there are children of your marriage under the age of 18 then you, and/or your legal representative must attend the hearing.

If you have filed a sole application and you have had difficulty in serving the application upon your spouse, you will need to file an application seeking to substitute service or dispense with service. If this application is filed, you and/or your legal representative will be required to attend the hearing.

   3. Are there any time limits on when property orders can be made?

If you get divorced, you must start property maintenance proceedings within 12 months of your divorce becoming final. If you have been in a de facto relationship, you must commence property proceedings within 2 years of your separation.

   4. Do I need a Solicitor for parenting arrangements for my children?

We strongly recommend that if you are going through a separation and attempting to reach an agreement on parenting arrangements for your children, you seek independent legal advice. Our Family Solicitors will offer you one-on-one advice, specific to your circumstances, which

will guide you to reaching an amicable arrangement with your former partner/spouse which is in the best interests of your children.

   5. Am I in a de facto relationship?

A de facto relationship is marked by 2 people living together in a relationship for 2 or more years. In essence, de facto and same sex couples are treated in exactly the same way as married couples when a Court determines the division of your assets (including superannuation), financial support and child support.

   6. Do you charge for the first consultation?

We offer a free consultation in person or via telephone to new clients. This gives you the opportunity to obtain legal advice and information about legal costs. There is no obligation to procced after receiving the free advice.

Liability limited by a scheme approved under Professional Standards Legislation. This newsletter is intended to provide general information. You should obtain professional advice before you undertake any course of action.