A married couple must have lived “separately and apart” for at least 12 months before either of them can apply for a divorce.
The issue of whether and when a couple has separated is sometimes unclear and may require a careful analysis of the facts before a divorce application is able to be made.

Divorce settlements

Our family lawyers advise and assist our clients in relation to the division of their assets, superannuation and debts, in the unfortunate event of the breakdown of a relationship.

We have assisted a vast number of clients to negotiate, formalise and implement their divorce settlements by applying our family law expertise, adopting a supportive, practical approach and providing guidance until an appropriate resolution is achieved.
Where negotiations do not produce an acceptable outcome, we assist and guide our clients through the Court and formal mediation processes leading to a financial settlement.

A wide variety of assets and liabilities are divided in a divorce settlement, including real estate, businesses, motor vehicles, shares, savings and superannuation. Debts often include the home mortgage, business and personal loans and credit cards.

However the types of assets and liabilities can extend well beyond those listed above.

We are expert in negotiating, formalising and implementing complex financial settlements involving companies, trusts, businesses, self managed superannuation funds and the associated taxation issues.

While our family law team understands the complexities associated with business and investment structures, where appropriate it utilises the resources of our business lawyers to provide specialist advice in these areas.
With the support and expertise of our Business Law Department we are uniquely placed to assist our clients to comprehensively address the complex capital gains tax and stamp duty issues which often arise with business and investment interests as a result of separations.

While each party’s personal and financial circumstances are unique, our family lawyers are able to draw on our team’s skill, expertise and experience to identify the relevant issues, advise our clients about the available strategies and act in our client’s interests to achieve the best outcome in their divorce settlement.