July 2014

17 Jul

Posted at 00:00h in Family Law

It is often the case when I ask a client why they have come to see me they respond by saying “I want a divorce”. When exploring that statement further it becomes clear that the client themselves don’t know what they are asking for. A Divorce does not in itself deal with or finalise issues such as property division or parenting arrangement of the children of the marriage. A separate and different application is required. A Divorce is the end of the legal union of the marriage. That’s it. How do you get Divorced? In Australia, we have what is called “No Fault Divorce”. That is, no reason has to be given in order to grant a Divorce other than the husband and wife have suffered an “irretrievable breakdown in their marriage”. In other words they must establish that there is no likelihood that they will get back together. This is usually achieved by being separated from each other. The minimum separation period is 12 months and 1 day. Once the period of separation has been established, either the husband or the wife (spouse) or by them both, can complete a Divorce Application and file it with the Court. There are different requirements depending...

01 Jul

Posted at 00:00h in Family Law

It is often the case when I ask a client why they have come to see me they respond by saying ñI want a divorceî. When exploring that statement further it becomes clear that the client themselves donÍt know what they are asking for. A Divorce does not in itself deal with or finalise issues such as property division or parenting arrangement of the children of the marriage. A separate and different application is required. A Divorce is the end of the legal union of the marriage. ThatÍs it. How do you get Divorced? In Australia we have what is called ñNo Fault Divorceî. That is, no reason has to be given in order to grant a Divorce other than the husband and wife have suffered an ñirretrievable breakdown in their marriageî. In other words they must establish that there is no likelihood that they will get back together. This is usually achieved by being separated from each other. The minimum separation period is 12 months and 1 day. Once the period of separation has been established, either the husband or the wife (spouse) or by them both, can complete a Divorce Application and file it with the Court. There are different requirements depending...

01 Jul

Posted at 00:00h in Collaborative Practice

A Testimonial for Bev Clark Collaborative Lawyer August 2011 Here we are, six months on from one of the most difficult times of our lives; when we decided to ïformallyÍ separate after 28 years of marriage. It took a few years to come to this and to face the reality (at least, for me) that the ïdreaded settlementÍ had to be addressed and our separation, leading to divorce, needed to be acted upon. There is only so long one can avoid the troubles in oneÍs life and then the day must come _ change must be made. I had been burying my head in the sand for so long, thought I could never face it, I was very scared, worried and lonely. It was my husband who was first introduced to the idea of considering the Collaborative Process and, although I was still unwilling to even talk about it with him, or with anyone, I met with Bev Clark in February this year. I have never looked back, not for a moment. When I recall all the things she and I discussed six months ago, the terrible place I was in, the help and advice she gave to me _ I can only describe...

01 Jul

Posted at 00:00h in General

Deadlines apply for issuing proceedings for Property settlement and Spousal maintenance in Family law and Defacto matters. For married couples they will find out about the limitation period when they file their divorce as this event triggers the limitation period _ which is then 12 months from the date the divorce becomes final. For defacto couples there is no such triggering event that will result in them being informed about the limitation. For defacto couples separating before 1/7/2010 the limitation is 12 months from separation, and for those separating after that date the limitation is 2 years from separation. Whilst the Court can extend the time, there are limitations on which matters will qualify for an extension so it is best to be aware of the limitation and either resolve your matter before it expires, or issue proceedings to protect your claim _ before it expires....

01 Jul

Posted at 00:00h in General

Brilliant discussion about Collaborative divorce _ who would think this is our financial guy! We work with Garth in team collaborative cases and he is a wonderful asset to our clients. Please share this with anyone you know who is going through a relationship breakdown. Do them a favour and help them to understand the benefits of resolving any dispute without going to Court or hammering each other with expensive lawyers letters! Click on this link...

01 Jul

Posted at 00:00h in Family Law

Come to a free seminar to learn about your divorce process options. There is no one way of doing anything. The way you choose to approach your divorce and separation will have an impact on the outcome you achieve. With the right guidance, you will gain greater insight into what can be a confusing and overwhelming process. Our seminar is a resource to help you decide which divorce option is best for you and your family. Topics include: Divorce Options – presented by a Senior Family Lawyer Self-representation Mediation Collaboration Lawyer negotiation Litigation Family Issues – presented by a specialist Child & Family Therapist: Emotional process of divorce How to break the news Impact on children Financial Issues – presented by a Financial Advisor: Preparing the asset register Planning for the future Benefits of financial expert on the divorce team When: 5 pm – 6 pm on the third Wednesday of each month (excluding December). See www.collaborativepracticesa.com.au for other dates. Where: 11 Halifax Street, Adelaide SA 5000. Phone 8212 1322 or 8221 7020 to make a booking. Bookings essential....

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