Separation is one of the most difficult experiences a person can go through. Clear advice early on can help you understand your position, protect your children and your finances and approach the process with confidence. ACLA Lawyers assists clients with family law matters, with a practical focus on resolving issues fairly and, where possible, without unnecessary conflict.

How we can help

  • Advice on separation and your rights and obligations
  • Parenting arrangements and parenting orders
  • Property settlement for married and de facto couples
  • Consent orders and binding financial agreements
  • Divorce applications
  • Child support and spousal maintenance advice
  • Family law disputes that need to go to court

Parenting matters

Decisions about children should focus on their best interests. We can help you understand how parenting arrangements work, how to reach an agreement and, where agreement is not possible, what the court is likely to consider. In most cases, separated parents are expected to attempt family dispute resolution before applying to court, unless an exception applies.

Property settlement

A property settlement deals with how assets, liabilities and superannuation are divided after separation. It requires full disclosure of both parties' finances and consideration of contributions and future needs. Agreements are usually formalised through consent orders or a binding financial agreement so that they are legally effective. Time limits apply, so seek advice early.

Common questions

How long do we need to be separated before we can divorce?

Generally, parties must have been separated for at least 12 months before applying for a divorce, and it is possible to be separated while still living under the same roof.

Is there a time limit for property settlement?

Yes. Time limits apply and they are different for married and de facto couples. They are strict, so please seek advice as soon as you can.

Do we have to go to court?

Not necessarily. Many matters are resolved through negotiation, mediation and consent orders. Court is usually a last resort.

Can we reach an agreement without going to court?

Yes. Agreements can be made legally binding through consent orders approved by the court or through a binding financial agreement. We can advise on which is suitable.

Related reading

Separating amicably: what the process actually looks like

This page contains general information only and is not legal advice. Please contact us about your own circumstances.

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Book a confidential consultation to discuss your family law matter. Call 0494 747 595 for a free 20-minute initial call.

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