Divorce, Property, & Children′s Matters
Port Adelaide Lawyers is a leading Divorce Law Advisor and Family Separation Lawyer in Port Adelaide
Port Adelaide Law also provides services in child related matters including children′s custody and child residence advice, and offers advice on Dividing Property and Family Law.
We understand the importance of providing you not only with expert advice, but also professional guidance during what can be a difficult time in life. We are committed to helping resolve our clients′ matters promptly, cost-effectively and wherever possible, without litigation. If required, we will appear as your advocate in court. If children are involved, it is our absolute priority to minimise any adverse impact on them.
There are many issues to be resolved in any relationship breakdown. Of concern to many people are the following areas of Family Law - dividing the house and sharing the kids.
We can advise you on property settlements, spousal maintenance, custody, contact and times with children and if necessary, represent you in the Family Court of Australia.
Divorce Law
Irretrievable breakdown of marriage is the only legal reason for divorce in Australia. The court is not interested in reasons; all you need to show is that you have lived apart for at least a year (separation) before filing for divorce.
The requirements for obtaining a divorce in Australia are as follows:
- Marriage - You must first satisfy the court that you have a valid marriage.
A marriage certificate, with a sworn translation into English, if necessary, will suffice. If you do not have a copy of a marriage certificate or require translation, we can usually arrange that for you. If no marriage certificate is available, the court may require you to give some alternate evidence of the marriage prior to granting divorce. - Jurisdiction - The court only has power to grant a divorce if either party has one of the following attributes:
- Regards Australia as home
- Intends to live in Australia indefinitely
- Has lived his or her whole life in Australia
- Is an Australian citizen; or
- Ordinarily lives in Australia and has lived in Australia for the 12 months prior to the making of the application for divorce.
What is Considered ′Separation′ in Divorce Law?
The court must be satisfied that the relationship has broken down irretrievably, a period of separation of 12 months immediately before filing the application satisfies the court of this fact. However, separation can be complicated – for example, it is possible to ‘live apart’ under the roof of the same house. A couple may be separated and still live together provided they satisfy the court that they are not living as husband and wife. If a couple reconcile during the period of separation, the separation period does not have to start again provided any reconciliation or reconciliations do not total more three months - those three months do not count as part of the period of 12 months of separation.
The Court is normally satisfied that separation has taken place by the applicant swearing as to the separation on the application for divorce.
At Port Adelaide Law we will make sure you have right evidence of separation and meet all the requirements necessary before filing for divorce.
Separation, Families, Divorce
Appropriate arrangements for any children must be in place before the court will grant a divorce in Australia. Those arrangements do not have to be formal, but at the time of the divorce hearing the court must be satisfied that the children are being appropriately cared and provided for.
Property Settlement & Family Law
We are highly experienced in the field of Property Settlement Family Law matters, and can provide valuable assistance in determining how income, financial resources and debts can be divided between you and your former spouse.
These decisions are important not only after divorce, but also if you are considering separation or are already separated. These decisions can be stressful and complex and short-term arrangements often have long-term consequences. Port Adelaide Law can help you to reach the best possible long-term outcomes in regards to you and your family's property.
Our Range of Family Law Services
Property Settlements - Binding Financial Agreements - Consent Orders - Divorce - Child Custody - Child support - Separation - De Facto Relationships - Domestic Violence - Spousal Maintenance
We at Port Adelaide Law are experienced in family matters and can guide you through legal processes relating to relationship property and assets, spousal maintenance and legal entitlements, and care of children. We are absolutely committed to the delivery of specialised, experienced, and high quality divorce and family law legal representation to anyone who finds themselves engaged in any form of family law litigation. Litigation that involves your own family is very personal and is best handled with personal legal representation. If you need a family law lawyer in Port Adelaide or Kilkenny, you can be assured that representation by us will guarantee you experienced, passionate and caring counsel.
