Divorce is a legal process that ends your marriage. It does not determine custody of children or property settlements. You will need to finalise these issues after your divorce. We can help you agree on living arrangements and formalise these arrangements as binding orders through the court process.
Adelaide Family Law can help you with your property and parenting matters. They are experienced in dealing with both married and de facto relationships. For more information about the divorce family lawyer Adelaide, click here.
No-Fault Divorce
When couples decide to separate, they are often faced with difficult decisions about the future of their relationship and, if there are children involved, their custody arrangements. It is essential that separating couples understand the legal process of divorce so they can make informed choices about their future and, where necessary, seek specialist advice.
Australia’s family law system operates under the ‘no fault’ principle, which means that a Court does not need to find either spouse to be at fault for the breakdown of their marriage when granting divorce orders. Instead, the Court needs to be satisfied that there has been an irretrievable breakdown in their relationship, and there is no reasonable likelihood that they will resume married life.
Child Custody
Child custody is one of the main issues parents face following separation and divorce. It refers to who a child will live with and who they will spend time with. It is different from ‘parental responsibility’, which refers to the long-term care of a child and how that will be achieved.
A family lawyer can help you determine what kind of child custody arrangements are in your children’s best interests and how these might be implemented. They can also assist with a property settlement.
If you have concerns that your former partner may try to abscond with your children, you can attend your local police station and request a restraining order against them. It should be done immediately, as police will not act on allegations that have not been reported previously.
Property Settlement
When deciding on a property settlement, the Court will examine each party’s financial and non-financial contributions to the marriage. Generally speaking, all assets acquired by either party during the relationship are considered community property unless it can be proved that they were purchased using separate funds.
A court will also consider future needs when determining a fair property settlement. It will take into account things like employment, age, and health. This step is often overlooked and can significantly affect a fair outcome for all parties.
Property settlement is complex and requires a thorough understanding of legal processes unique to South Australia. It is essential to consult with an experienced family lawyer for guidance during this process.
Wills
A will is a legal document stating your wishes to distribute your property upon death. You may choose to leave financial possessions like your money or properties to specific individuals and designate guardians for minors. You can also go an amount to charity and nominate a residuary beneficiary (the residue of your estate).
Separation
Despite what some people think, separation does not revoke your Will or change the gifts you make in it. It does mean that you are on a time limit to complete your family law property settlement (commonly known as divorce), and if you have left a gift to your former spouse, they could be entitled to a share of your estate if you die before the Court settles your affairs.
Our family lawyers can assist with all issues relating to divorce or separation, including parenting arrangements and property settlements. We can help you agree on living arrangements and formalise these arrangements as binding orders through the court process.
A divorce can be complicated. Many issues can arise and must be resolved in a timely fashion, including property division, child custody, and support. The legal process of divorce varies from state to state, and it can be difficult for an individual to navigate without the guidance of a family lawyer.