Our divorce lawyers are skilled and experienced at providing solid, practical and common-sense legal advice when you need it most. We understand that the end of a marriage is an emotional time. It’s difficult, but it’s important to get legal advice from a qualified and experienced divorce lawyer. A divorce lawyer is essential to ensure you protect yourself and your family.
Divorce Lawyer Services
Our divorce lawyers can advise and assist you with the legal and financial issues surrounding the dissolution of your marriage.
Whether you need help with a simple divorce application or with untangling years of financial interdependence, our divorce lawyers are ready to help. We offer a full suite of divorce services.
Divorce Court Applications
A divorce is the legal dissolution of a marriage and is not a legal requirement to split property. If you need assistance with a simple divorce application, our divorce lawyers can draft and file your application in the Federal Circuit Court.
Before your divorce lawyer assists you with a divorce application, it is essential to be aware of time limits in relation to property distribution. You will only have 12 months from the date of divorce to enforce your property entitlements. That is why usually parties will resolve their asset split before applying for a divorce.
The financial dissolution of a marriage is one of the largest components in a divorce law case. There are numerous factors to be taken into account when deciding on a split, including contributions, length of the marriage, future needs, children and anything that might affect how property should be divided. That is why it is essential to get legal assistance with a qualified and experienced divorce lawyer before splitting marital assets.
Divorce Settlement Estimates
In Australia, a property settlement needs to be equitable, not equal. That means there is no requirement for a 50/50 split in assets between divorced couples. Your divorce lawyer will provide you with an estimate of what you would be entitled to in the property split if your matter ever went to court. It is with that estimate we negotiate with the other side to reach a fair deal.
If you’ve already decided on what to do with your property, you have two options to ensure that you’re legally protected in the future:
Both of these options have their pros and cons, but having one of these documents in place can save you money on stamp duty or other taxes.
At Cudmore Legal, our divorce lawyers will work with you and your accountants or financial advisors to ensure that any divorce property settlement is going to be commercially in your interests as well as legally what you are entitled too.
Our divorce lawyers get fast results
It is very common for couples to disagree on a settlement figure or division of assets. In this case, it’s best that both sides get legal advice, so you can understand your legal rights and entitlements.
While there is no 50/50 rule, there are rules that divorce lawyers follow that can help you know what you’d be entitled to, most of the time when both parties have seen separate lawyers they will usually be able to come to the agreement through negotiation.
Even with a divorce lawyer we still can’t agree on an asset split
If you still aren’t able to agree on a settlement after seeing a lawyer, you may need to attend mediation. This can be a daunting process and when it comes to a property settlement it’s highly recommended you have a divorce lawyer represent you. Depending on the size of the asset pool it’s also important you seek advice from other professionals.
The court needs to be satisfied that suitable arrangements are made for the care of your children. Generally, the court just wants to know the parents have come up with common sense arrangements once the divorce takes effect.
It is not a requirement that parenting orders are finalised, or a parenting plan be agreed to. Often parties put the interim parenting arrangements down, even if the children are not spending time with the other party. The court only needs to be satisfied the children are being clothed, fed and are going to school (if applicable).
How can I contact a divorce lawyer?
We can give you a free no obligation phone consultation with an experienced divorce lawyer, click here.