Tips to assist with your case

• Time limits may apply to persons wishing to bring applications for property and spousal maintenance Orders whether you are married or in a domestic (defacto) or same sex relationship. Therefore, you may need to act promptly.
• In the majority of property cases the law dictates that the Court must take into account contributions of each of the parties to the marriage or relationship. It is important that you present to your lawyer :
  • All documents that you have access to which prove that you or a family member contributed money or assets into your relationship at any time. Such documents may include :
    • Loan documents
    • Letters or documents detailing contributions
    • Bank statements or records
    • Financial Statements
  • Contracts letters or statements of account, valuations, etc. that evidence the value at the time that you introduced assets or monies into the marriage or relationship and when and how they were applied.
  • Wage or salary records, contracts of employment and tax returns that evidence what you have earned during your marriage or relationship.
• Australia has a no fault system of divorce. What that means is that to apply for a divorce the only pre-condition is that the parties have been separated for one year. It is possible to be separated but living in the same home. A party can’t apply for a divorce until a year after separation. However, it should be noted that if a party wishes to apply for Property Orders, Children’s Orders or maintenance or other Orders THERE IS NO WAITING PERIOD. You can apply at any time, even before you are separated.
• There is now a general requirement that if a party wishes to apply for Parenting Orders that before applying for Court Orders, that the parties must attend FAMILY DISPUTE RESOLUTION COUNSELLING or at least attempt to. However, it should be noted that in urgent cases and those involving family violence the requirement to attend counselling can be exempted.
• If you are concerned that your spouse or partner may intend to sell or mortgage property before you have a chance to make a claim it may be necessary to instruct us to :
  • Seek an urgent Injunction to prevent it ;
  • Lodge a caveat on real estate to prevent sale or mortgaging and/or
  • Issue a Property Application