Please feel free to come and discuss your concerns with us in relation to separation. We can meet with you in a calm, non-threatening environment, where you feel comfortable talking about what has been happening in your relationship and help you to make future plans.
Before you make any hasty decisions about moving out of the ‘matrimonial home’, it is best to discuss this with a fully qualified lawyer, as issues may arise later in relation to settlement. After all, there are provisions under family law and de facto relationships for separation under the one roof, provided certain conditions are met.
Same sex couples now have more rights than used to be the case.
Before a divorce can be granted by the Court, certain conditions must be met, including:
- Separation for a period of not less than 12 months;
- The marriage must be irretrievable broken down, with no prospects of reconciliation; and
- The Court must be satisfied that proper provision has been made for children; also
- If the marriage is for less than 12 months, then couples must attend counselling.
Arrangements for property settlement usually need to begin before an application for divorce, as there is a time limit of 12 months after the divorce is granted for property settlement to be finalised. Such a time limit can place undue stress on each party to the settlement. As property settlements often require a significant amount of negotiation, in order to avoid the expensive costs of going to Court, it is best to get this underway in the first instance.
Children – Residence and Contact
Residence refers to the place where the children will ordinarily reside, which allows for continuation and stability at a particular school, to keep their friends, and play team sports etc.
It is possible to organise equally divided residence, preferably on certain days of the week, to allow the children to have some stability when parents can no longer live together.
Contact refers to the parent who does not have the children residing with them. The Court considers contact in relation to the best interests of the children, as ‘children have the right to know both parents.’
Lost Money Recovery
There are thousands of people listed on government websites who do not know that they have money that they can claim.
We all live very busy lives these days and you would be surprised at how many people forget about money left in bank accounts, and superannuation funds when people move jobs – which is more frequent these days than ever before.
Some people don’t know that they are beneficiaries in a will, because they have moved around and have lost contact with a relative or friend who has bequeathed money or assets to them.
We at Kilcoyne Lawyers make searches and put a great deal of effort into trying to locate lost money for people from all walks of life.