A divorce or nullity is a significant and life altering event. For most people, deciding on a divorce and enduring the process can be incredibly daunting. As the parties are already going through significant emotional distress and domestic unrest. On top of that, they face an extensive legal process, including division of assets and other legal paperwork which
This complexity is why, at Stephens & Tozer, we want to provide straightforward legal advice and prompt action to address your needs on family law matters. When you turn to us seeking help going through the divorce process, you can rest assured that we will handle getting through your divorce professionally and with your best interests in mind.
While it’s entirely true that you can represent yourself in Family Court when applying for a divorce in Australia, it will be advantageous for both parties to turn to family lawyers when they apply for a divorce. Most people who choose to represent themselves become caught off-guard by the intricacies of the Legal process.
From settling financial agreements and property settlements to parenting arrangements, child support and spousal maintenance, having seasoned divorce lawyers will help both parties reach an amicable resolution.
At Stephens & Tozer, we will guide you every step of the way. We will make sure that you understand the effect of legal separation on finances, parenting, and other marital concerns. We will take the time to walk you through the process to make sure you understand the implication of each decision and identify the factors you need to consider to reach the most successful outcome of the divorce process.
Applying for a divorce in Australia requires fulfilling an application to the Court or Registrar to terminate the marriage legally. While most people see divorce as the whole process of dividing assets and settling parenting matters, it is, in fact, a process on its own.
The applying party must have been separated for 12 months, and if minors are involved, proper arrangements should have been made for their welfare. These are requirements the court needs to see before it grants a divorce. At Stephens & Tozer, we will help you provide evidence of each requirement involved in the divorce.
The financial or property settlement is not considered in a divorce, so this aspect must be handled separately. We understand that many people want their property, assets and debts to be divided swiftly and settled, so they may move on and make financial decisions for their future.
When parties cannot agree or truly comprehend what and how the pool of assets should be divided and what the court considers reasonable or not, it can be a difficult period. To reach a financial settlement, both parties must engage in a binding financial agreement or consent orders. If the dispute cannot be addressed in this manner, one party will file a lawsuit, and the case will be taken to court.
Our divorce lawyers can help you understand your rights and what a reasonable and equitable solution might look like in your situation, by providing you with clear guidance. We can also help with any spousal maintenance obligations that must be met.
A Parenting Plan can be used to address child custody and financial agreements. However, this is a non-formal procedure, and is not enforceable in court. You or your spouse may have tried this method before and failed to follow it. If you choose to try this procedure, we can help you develop a workable Parenting Plan.
Consent Orders are, in general, the preferable alternative. This occurs when the parties agree on the amount of time each child will spend with each parent and is enforceable in court. Consent Orders require both parents to follow the directives,
except for any later agreed-upon deviations. The benefit of these orders is that they allow the parents to negotiate agreements outside of the orders, but you still have the orders to fall back on when you cannot agree.
The divorce lawyers of Stephens & Tozer are fully capable of handling your situation promptly and professionally. We will always make it a point to advise parties to take the most amicable path towards finalising their divorce, to minimise its effect on your assets, finances, children, and well-being. Please call Stephens & Tozer for more information about making the divorce process easier for you and your family.