Parenting

There is nothing more important to us than our children's welfare. Decisions that may have been easy to make with the other parent, can all of a sudden become nearly impossible after separation, when emotions are running high. 

Decisions about the amount of time the children will spend with each parent, and decisions which will affect the children's long-term welfare, such as: education, religious and cultural upbringing, and health, can become the hardest decisions to make. 

At LJ Law, we place a great emphasis on keeping your matter out of the Court system where possible. Sometimes this can occur through correspondence, or mediation. 

Keeping your matter out of Court means that you have more control over the parenting arrangements put in place for your children, rather than passing that decision making power on to someone else (the Judge who hears your matter). It also means that you will spend less time and money on the legal process.

If your matter does proceed to Court, we ensure we are providing you the best advice and representation possible. We will spend the time explaining the process and any consequences properly, to empower you to take the right steps for your family.

The best thing you can do, is obtain advice early on, whether you are thinking about separating or are already separated, so that you can make informed decisions early on about the proposals you would like to make to the other parent about the care of your children. This can mean the difference between experiencing a years long Court process, or creating a positive co-parenting relationship from which your children can thrive.

When a marriage or de facto relationship breaks down, parties will need to discuss the division of their assets and liabilities.

At LJ Law, we do our best to keep your matter out of Court where possible. In our experience, it is best to negotiate a settlement, which is much faster and less expensive than going to Court. 

Of course, some matters do proceed to Court. These are matters where a genuine effort has been made to try and resolve the proceedings without going to Court. 

We understand that Court proceedings are a stressful and confusing time. We will work with you to ensure you understand the process, and ultimately receive your fair share from the asset pool.

'Four Step Approach'

In Australia, we use a 'four step approach' to work out what a fair settlement is.

Step 1

Establish what the assets and liabilities of the marriage or relationship are, and their values.

Step 2

Establish the contributions of each party. This means the contributions each party made when the parties initially moved in together, the contributions throughout the relationship, and any contributions made after separation.

Step 3

Work out whether either party needs an 'adjustment' in their favour for their future needs, such as, age, health, future earning capacity, care of minor children etc.

Step 4

Is the overall settlement fair and equitable in all the circumstances?

If the parties are unable to negotiate a settlement, then they can try attending mediation.

In Australia, a divorce is usually a fairly simple process.

We do not need to prove that either party is "at fault" for the marriage not working out. We call it "no fault divorce".

The easiest way to apply for a divorce is if both parties agree to it, and apply jointly. However, if one party does not agree to the divorce, the other can apply on their own; this is called a "sole application". This application needs to be served on the other party, and they should sign an Acknowledgement of Service document.

It is necessary for the party/ies applying for divorce to prove to the Court that:

• The parties have been married for at least two years;
• The marriage has broken down irretrievably;
• The parties have been separated for 12 months; and
• There are suitable arrangements in place for any children of the marriage under the age of 18.

The filing fee is usually increased each financial year. As of 1 July 2023, the filing fee for applying for divorce is $1,060 and the reduced fee is $350.

If you need assistance with applying for divorce, please contact us.