Family Law

FAQ’s – Family Law

What is a divorce?

A divorce is a legal order terminating a marriage. It no longer exists. Unlike an annulment, which states that the marriage never existed, a divorce is the termination of a valid marriage. However they do not resolve property or parenting issues.

When can I get a divorce?

Divorce normally is the last step taken between separated parties. The spouses need to be separated for 12 months and must resolved child welfare and financial matters before obtaining a divorce.

How long does it take to get a divorce?

Providing the other party has been served with all the documents, a hearing might take place 6 to 8 weeks after filing. Divorces become absolute one month after the hearing.

Do I need to get divorced and enter into a property settlement at the same time?

You can enter into a property settlement at any time prior to a divorce; however, once your divorce becomes final you only have 12 months to enter into a property and spousal settlement.

What is separation?

Separation means ceasing of physical, social and financial relations with the other spouse, advising other people of the separation. Both parties are separated when they stop living as husband and wife.

How do I get spousal maintenance?

You may be entitled to spousal maintenance if you experience financial difficulty at the end of your relationship.

This is determined firstly, by your need for assistance and secondly, by your ex-partner’s ability to pay. It is usual for this to be determined around the time of the property settlement, although it is possible to apply for urgent assistance sooner. You must make an application for maintenance by no later than 12 months after the divorce.

How will our property be divided?

There is no automatic presumption of an equal division of property. The Family Court will consider the extent of the assets to be distributed, the financial and non-financial contributions of both parties and their future financial needs in order to decide how to divide the property.

What are my rights for custody of my children and/or visitation?

This will depend on what is in the best interests of the children. Generally the Family Court will attempt to do what is best for the children with the aim of not upsetting the arrangements they are already used to. After considering this, the Family Court will award custody to the parent who is best able to provide the primary care the children require to develop properly. The Family Court will also do their best to ensure the children retain contact with both parents subject to any problems that may arise.

Does the Family Court provide counselling and mediation?

The Family Court does provide counselling and mediation services and in fact, encourages this to happen before court proceedings are commenced. You can obtain these details from the Family Court website.

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