When a family goes through a separation or a divorce, both partners are forced to make important decisions about the future of their children and their assets. While there are several services that can help families move through the stages of separation, seeking legal advice on your specific situation can help take the emotional burden off your shoulders. Family lawyers have helped people in Wollongong resolve their disputes and reach agreements with their former partners without going to court.

Getting More Information on Your Circumstances

Separation and divorce can take its toll on everyone in the family. Most people seek legal advice in order to gain a better understanding of their rights and responsibilities. In order for a lawyer to advise you on your specific situation, you should be prepared to gather some information about your relationship.

Start by preparing a timeline of your relationship. Include the dates of when you and your partner started living together, the date of your separation, your respective birthdays, and the birth dates of any children of the marriage.

Next, disclose your assets and the assets of your former partner both at the time you commenced your relationship and at the time of your separation.

Finally, make a list of any special consideration or questions you may have. Write down if anyone has any special needs, health issues, or learning difficulties as the court may take these considerations into account when making their decision.

Do I Have to Attend the Divorce Hearing?

Under most cases, neither you nor your partner will be required to attend the divorce hearing. However, there are circumstances that require one or both parties to attend.

If you have made a sole application and there is a child from the marriage under 18 years of age, you (the applicant) will be required to attend the court hearing unless circumstances prevent you from attending.

If one of the partners has, in a response to a divorce claim, opposed the application, the respondent must appear in person on the hearing date.

In most other cases, neither partner is required to attend. If there is no child from the marriage under the age of 18, you will not be required to attend the court hearings. This applies for sole and joint applications.

The same goes for all joint applications. If you and your former partner have filed an application together, agreeing that you want the divorce and there are no disagreements regarding the legal issues raised by your decision, then in most cases you will not be required to attend.

Family Act Provides Settlement Guidelines

The Family Law Act (1975) provides guidelines to sift through financial settlement proceedings for married couples applying for divorce or separating de facto partners. If you are married, couples must make an application for property adjustment within twelve months of a finalized divorce. Separating couples who lived together in a de facto partnership must apply within two years of the relationship’s breakdown. If you do not apply within these time limits, you must appeal to the court for special permission. Every circumstance has its obstacles and an experienced family lawyer will be able to assist and provide the right direction.

The court will assess what you have and what you owe; your assets and your debts. They will also look at what you came into the relationship with and what is required to sustain financial stability after the relationship is legally deemed over. If you or your ex provided non-financial support to the home and relationship, such as housekeeping and child minding, this will be considered by the court under The Act. Any binding financial agreements like pre-nuptial agreements or contracts signed upon while in the relationship will also be considered. Family lawyers in Wollongong will also know of local mediators to suggest as a first step before presenting your finances to the courts.

Every family is different. The solutions that work for one family may not work for another. Family lawyers in Wollongong provide advice, guidance and peace of mind necessary to move forward after a divorce. To learn more about how the law applies to your specific situation, contact a family lawyer today.