Divorce – Is it really what you think it is?
When we initially ask Clients how we can help them and what are their reasons for seeking our advice during our initial telephone conversation with them, a common response we receive is that it is, “just a question about Divorce.”
As Family Lawyers, we provide advice regarding all aspects of separation and Divorce is just one aspect of a large and complex area of law.
In simple terms, a Divorce involves a process whereby upon an Application being made to the Court and appropriate factors being met, the Court will grant a Divorce. A Divorce dissolves the marriage and enabling parties to become remarried.
It is important to remember however, that a Divorce does in no way finalise any parenting, property settlement or spousal maintenance matters, as these are separate matters.
A Divorce is relevant in terms of property settlement matters as upon a Divorce becoming final, the Limitation Date is triggered. The Limitation Date is the period of time in which either party has to make a claim against the other in Court for property and/or spousal maintenance matters. The time period being 12 months from the date of the Divorce becoming final. Whilst it may be possible to make such claim outside the Limitation Date period, the leave/permission of the Court is first required.
It is important to be aware that a Divorce is not a prerequisite for your parenting and/or property settlement matters to be finalised and we would recommend obtaining advice should you be contemplating separation or shortly after separation, so you may prioritise matters that are relevant to your circumstances.
Should you have any questions regarding the Divorce process or any other Family Law issue, please contact one of our Solicitors on 5679 8016 for a free fifteen minute telephone conversation.