We can help with
- Settled (uncontested) divorces with a settlement agreement
- Contested divorces
- Parenting plans, care and contact arrangements
- Child and spousal maintenance, including variations
- Division of the estate: community of property, the accrual system and pension interests
- Interim relief while the divorce is pending (Rule 43 applications)
- Antenuptial contracts before marriage
Settled or contested
If you and your spouse agree on the children, maintenance and the division of assets, a settled divorce is quicker and far less costly. If you don't agree, the divorce is contested and the court decides the issues you cannot resolve. Many contested divorces settle along the way, often with the help of mediation.
How a divorce runs
- ConsultationWe discuss your marriage regime, your children and your assets, and what outcome is realistic.
- SummonsThe divorce summons is issued and served on your spouse, who can then defend.
- NegotiationWe negotiate a settlement agreement and parenting plan. Where there are children, the Family Advocate may be involved.
- CourtA settled divorce is granted on the settlement agreement. A contested divorce goes to trial on the issues in dispute.
- Decree of divorceThe court grants the decree.
What to bring to your first meeting
- Your ID document and marriage certificate
- Your antenuptial contract, if you have one
- Children's birth certificates
- Recent payslips, bank statements and a list of your monthly expenses
- Details of property, vehicles, investments, pensions and debts
- Any papers you have been served with
Questions about divorce
How long does a divorce take?
A settled divorce can be finalised within a few months. A contested divorce can take a year or more, depending on the issues and the court roll.
How are assets divided?
It depends on your marriage regime. In community of property, the joint estate is usually split equally. Out of community with accrual, the growth in each estate during the marriage is shared. Without accrual, each spouse generally keeps their own estate.
What happens with the children?
The court's concern is the best interests of the children. Parents usually agree a parenting plan covering care, contact and maintenance. The Family Advocate may review it before the divorce is granted.
Can I get maintenance while the divorce is pending?
Yes. A Rule 43 application asks the court for interim maintenance, care and contact arrangements and a contribution to legal costs until the divorce is finalised.