It is not mandatory to go immediately to a family law court to divide property & assets or to make arrangements for children & their parenting.
When couples separate, before filing for a court adjudication, it is compulsory to engage in a dispute resolution process that may include a negotiation and/or a mediation.
The objective of mediation and negotiation is to achieve a fair and reasonable outcome and to remove the cost & stress associated with the Court process.
As Accredited Law Society Family Law Specialists, we will listen to you to understand your personal circumstances and advise you on the way forward to achieve a satisfactory separation. We have vast experience in alternative dispute resolution techniques and through mediation will assist you to obtain a negotiated out of court settlement.
A marriage or de facto relationship separation is defined as the point at which a relationship ends. The date of separation is most important and relevant due to a number of factors including:
If there is a dispute about the date of separation, and it is necessary for the Court to make a decision, the Court will consider factors including:
No single factor is a determinant of separation.
To prove separation under one roof, you will need to show that there has been a change in the marriage or de facto relationship. This can be either a gradual or sudden change that shows separation.
Some common changes to be aware of are:
You also need to explain a number of factors such as:
Factors that are used to determine of couples have a relationship may include any or all of the following:
Expert Advice from our Legal Specialists
Separation, Mediation, Understanding Your Rights, and Reaching a Financial Settlement that is fair & reasonable to both parties.
Marriage & de facto property and/or financial rights, need to be dealt with as soon as possible, to provide closure & to minimise anxiety, stress and costs.
Generally, all assets must be taken into account, whether they are acquired before or during the relationship or after the separation.
Having a Binding Financial Agreement (pre-nup) provides advantages, a way forward for both parties in the event of a marriage or de facto relationship breakdown.