Every relationship goes through tough times, some harder than others and in some cases, one (or both) parties call it quits on the marriage.
Separation is difficult enough, however, add in one matrimonial home, three children, the family dog, a sprinkle of debt and finally a whole heap of love. What does that make? A complete recipe for a mental break down. How do you handle all of this alone, you might ask? Well you don't, that's where we come in and assist you with what to do.
The D Word
I'm not sure what you're thinking but I'm talking about Divorce.
So your marriage has broken down and you want a Divorce?
Unfortunately, making an Application for Divorce is one of the last things you need to be worrying about at the moment. Parties can't apply for a Divorce until they have been separated for a period of twelve (12) months. Rest easy, that's one thing you can tick off your "To Do" list for right now.
The A Word
Agreement.
Do you want to reach an agreement with your former partner without involving lawyers?
Excellent! Did you know that more often than not parties reach agreements entirely on their own without the assistance of lawyers. A good lawyer will encourage you to reach an agreement and avoid the costly (and lengthy) process of filing an Application in Court.
We've reached an agreement. What's next?
To ensure your agreement is legally binding on you both, you should have the agreement drawn up in a document known as a Consent Order. This document sets out the agreement you have reached and it is filed with the Court. For property matters, the Registrar of the Court will read through your agreement and make sure that it is "just and equitable". If the Registrar is satisfied that the parties have reached a fair agreement, the Registrar will make the Orders and they will be legally binding on you both. For parenting matters, the Registrar needs to be satisfied that appropriate arrangements have been made for the care of the children.
But we don't know how to draft the Application for Consent Orders or the Consent Orders, what do we do?
That's when you come and see us. One party would make an appointment with a lawyer and go through the agreement you have reached together. We can then give you advice about whether the agreement is "just and equitable" and whether it will likely be approved by the Court. Once that has been done we draft the documents and provide them to your former partner to sign before having you sign. Once the documents are signed we deliver them to the Court, have them filed and wait for them to be approved by the Registrar.
What happens if we can't reach an agreement on our own?
Then you also come and see us. This doesn't necessarily mean you can't reach an agreement at all or that you have to go to Court. In some cases, parties are unable to communicate well and need the assistance of an independent person, such as a lawyer, to assist them in negotiating between one another. After all, it's what lawyers specialise in, negotiation. It is likely we would also talk to you about holding a mediation with your former partner to try and resolve everything.
We have received the Consent Orders back from the Court, what now?
Congratulations! Take a moment to celebrate that this has almost been resolved. Generally, it would be provided that you have a period of 30 days to comply with the Orders. This includes transferring any property, vehicles, the payment of money and the like. For parenting Orders, you will need to make the appropriate arrangements to ensure the care arrangements as set out in the Orders can begin.
So is that it?
Almost! Remember when we said put the D word to the back of your mind for a year? If you have now been separated for a period of one (1) year and want to file for Divorce you can, however, there is no requirement that you must do this.
Let me guess, you want to know how to file for a Divorce?
You'll have to stay tuned for our next blog on how to do that.
In the meantime if you have any questions for our family law team please don't hesitate to contact us on 4771 5664 or fill out the form below.