Separation vs Divorce
The reason we use the term ‘separation’ rather than divorce is because divorce itself – though never pleasant – is largely procedural and it is the separation phase that is usually the most difficult.
The divorce process is quite straightforward and entails the following steps, which we can look after for you:
Separation is when the relationship is understood to have ended on a final basis. This will usually although not always entail one party moving out of the family home.
Once you and your partner have been separated for at least one year, you are able to apply to the Court for a divorce. A number of documents must be filed with the Courts and certain criteria satisfied, which we will guide you through.
We will attend the hearing and represent you before the Court on your hearing day. If the Court is satisfied that the requirements are met, a Divorce Order will be granted.
One month after the Hearing, the Divorce Order will become effective and your divorce will be finalised. You may then remarry if you wish.
A divorce lawyer’s holistic approach to family law
No matter what your family situation, New Way divorce lawyers endeavour to make the separation process as straight-forward and accessible for you as possible. We provide practical advice in relation to the breakdown of both marriages and de facto relationships.
As well as providing expert legal advice, we offer an optional Client Care program once you are a client of our firm through which we provide support and encouragement. We understand the importance of acknowledging children’s wishes and believe that ensuring that your children’s wishes are heard should they wish to voice them can often assist in strengthening your children’s sense of security in a situation where they have very little practical control.
Where a relationship breaks down, the situation of the parties naturally change as do their associated rights and responsibilities. We offer a holistic approach and are able to assist you concurrently with interrelated family law issues.
How can we help?
A lawyer can provide advice to you regarding separation and divorce, including:
- Making an application for divorce
- Making an application for a decree nisi
- Providing advice about entitlements to property and financial settlement
- Advising on disclosure information
- Attending family dispute resolution or mediation and negotiating agreement about property and financial settlement
- Preparing consent orders for property settlement
- Preparing a Binding Financial Agreement
- Preparing a Superannuation Agreement
- Appearing at court for interim hearings and final hearings for property and financial matters
- Appearing at special court hearings for property matters including injunctions, interim distributions and spousal support
- Representation for enforcement Proceedings
- Representation to set aside a Binding Financial Agreement
- Appealing property and financial settlement orders