A divorce can be a lengthy, emotionally taxing and costly process if not handled correctly, but it doesn’t have to be. Here at CB Legal, we treat your divorce with utmost professional care and diligence to ensure that all parties have a fair and equitable outcome to a complex situation.
Typically, a divorce is regarded as an irreconcilable dissolution to a marriage. It occurs after 12 months of separation and living in separate homes. Australian courts do not assign blame to the dissolution of the marriage, but rather review the commonly held assets and properties including land, superannuation, shares & dividends, etc. as well as children and subsequent living arrangements to determine settlement arrangements intended to be equitable and meeting the needs of all involved. To this end, CB Legal provides you with practical, realistic and caring advice that can hasten the process whilst keeping stress and expense to a minimum.
An application to the Family Court of Western Australia is a straight-forward process that may or may not require legal advice. The application can be made individual or jointly, depending on your circumstances. Upon granting the application, the court will take into factors that contributed to the marriage including:
- The length of the marriage
- The initial contributions (finance, property and assets) to the marriage
- The contributions sustained throughout the relationship
- The income and employment of the parties
- The superannuation of each party
There are certain circumstances in regards to your marriage that require specialist legal advice, those including (but not limited to):
- The marriage has lasted less than two years
- You are separated but are or have been cohabitating
- You cannot contact your spouse
- You are unsure if your marriage is valid
A divorce can only be granted once settlement is finalised in regards to property and assets and especially once an agreement has been reached in matters regarding children (e.g. living arrangements, parental responsibility, length of time with each parent, etc.) Upon the divorce being granted, further matters may apply such as Spousal Maintenance or Property Division.
If you’re going through a divorce and require advice or are considering divorce, please don’t hesitate to Contact Us and we’ll be more than happy to provide an initial consultation