Legal Aid Divorce Lawyers
Divorce is the official ending of a marriage and is often an emotionally turbulent time. At White Berman Barristers & Solicitors, our team of professional family lawyers has been providing help to those about to go through or going through a divorce – providing sensitive, legal advice and guidance.
Applying for a Divorce
In Australia, an individual no longer needs to show fault when applying for divorce. However, it must be proven that the marriage has broken down irretrievably; that the relationship has been permanently broken down for over twelve months consecutively; and, that there is no intention of getting back together. An application for divorce is submitted through the Family Law Courts.
It is also possible to obtain a divorce if a couple have been living under the same roof; however, evidence of separation must be provided to the Court for the divorce to be granted.
Property Division and Parenting Arrangements
It is possible to reach arrangements related to financial matters, property division, parenting, child support and / or maintenance prior to a divorce being granted by the Court (e.g. through a Binding Financial Agreement).
In fact, the Court will not grant a divorce until proper arrangements have been made for the children. If children in the relationship are older than 18 years, the Court will not need to hear about childcare arrangements and the likes. However, if younger than 18 years, arrangements must be heard by the Court.
The property division process must also be commenced within one year of the divorce being granted. That is, you can be granted a divorce before the property settlement process even begins.
Legal Help & Divorce
It is typical for most parties to engage the help of a lawyer when going through the divorce process. Because child arrangements and property division are also typically part of the divorce process, obtaining legal assistance is highly recommended.
Divorce Process & Timing
Although no couple or divorce process is the same, a typical divorce process will take several months. However, the more complex, the more time it will take. If all criteria have been fulfilled and there is no appeal, a divorce will become absolute one month following it being granted.
Since 1981, White Berman Barristers & Solicitors has been helping clients with all their divorce matters. Please contact one of our specialist divorce lawyers in Adelaide or Modbury for a free, confidential discussion about your matter today.