Divorce
When Can I Get Divorced?
Seeking Divorce? Choose JS Legal Family Lawyers for Expert Guidance
When it comes to filing for divorce, understanding the legal process and having the right guidance is crucial. At JS Legal Family Lawyers, we specialise in providing expert advice and representation for individuals seeking divorce in Australia. A party to a marriage can file an application for divorce after they have been separated from their spouse for a period of 12 months. The application can be made either solely by one spouse, or jointly by both spouses.
In certain situations, couples may still be considered separated even if they are living under the same roof. If this applies to you, the court may require additional evidence to establish your separation. Don’t worry – we can provide detailed guidance and discuss your specific circumstances to ensure you meet the necessary requirements.
If your marriage has lasted less than two years from the date of filing the Application for Divorce, attending counseling with a family or nominated counsellor is mandatory. You will need to produce a certificate to the court confirming your participation. However, if attending counselling is not possible, seeking permission from the court to proceed with the divorce is an option we can explore together.
We understand that going through a divorce can be emotionally challenging, and that’s why the Australian Government offers free services to support families during the separation process. Mediation, dispute resolution, and counseling services are available and we encourage you to visit the Relationship Australia website for further information.
If you or someone you know is considering divorce, don’t hesitate to reach out to JS Legal. Our team is dedicated to providing compassionate and personalised assistance tailored to your unique circumstances. Book an initial consultation with us today, and let us guide you towards a smoother transition and a brighter future.
Trust JS Legal Family Lawyers to be your reliable partner in navigating the divorce process. Contact us now and take the first step towards a new chapter in your life.
If your marriage has lasted less than two years from the date of filing the Application for Divorce, attending counseling with a family or nominated counsellor is mandatory. You will need to produce a certificate to the court confirming your participation. However, if attending counselling is not possible, seeking permission from the court to proceed with the divorce is an option we can explore together.
We understand that going through a divorce can be emotionally challenging, and that’s why the Australian Government offers free services to support families during the separation process. Mediation, dispute resolution, and counseling services are available and we encourage you to visit the Relationship Australia website for further information.
If you or someone you know is considering divorce, don’t hesitate to reach out to JS Legal. Our team is dedicated to providing compassionate and personalised assistance tailored to your unique circumstances. Book an initial consultation with us today, and let us guide you towards a smoother transition and a brighter future.
Trust JS Legal Family Lawyers to be your reliable partner in navigating the divorce process. Contact us now and take the first step towards a new chapter in your life.
Obtaining a Divorce
Streamline Your Divorce Process with JS Legal Family Lawyers
When a married couple decides to separate, it’s essential to understand the legal requirements for obtaining a Divorce Order. The only ground for granting a Divorce Order is the irretrievable breakdown of the marriage, which is established by a minimum separation period of 12 months. Interestingly, even if parties continue living under the same roof, it is possible to establish this ground in certain circumstances.
At JS Legal, we have a team of seasoned professionals well-versed in the divorce and separation process. We can handle the entire application process on your behalf, including filing the necessary documents, arranging for service of the Divorce Application to your spouse, and representing you at the court hearing.
Upon the successful granting of the Divorce Order, you will receive the official decree one month and one day after the hearing date. It’s important to note that neither party may remarry until the Divorce Order has been issued.
While divorce proceedings address the dissolution of the marriage, it’s important to understand that they are separate from financial and parenting matters. If you have concerns related to property settlement and/or parenting/children’s matters, you can either make an application to the court or seek resolution through agreement, both before and after the divorce. This means that once you and your spouse have separated you can proceed to resolve these matters whenever you feel ready. However, it’s worth noting that there is a time limit for bringing an application for property settlement and/or spouse maintenance, which is within one year of the Divorce Order becoming final.
Simplify your divorce journey by entrusting JS Legal Family Lawyers with your legal needs. Our team is committed to providing comprehensive support and guiding you through the process, ensuring your rights and interests are protected. Contact us today to schedule a consultation and take the first step toward a brighter future.
Remember, with JS Legal, you’re not alone. We’re here to help you navigate the complexities of divorce and achieve a favourable resolution for your family.
At JS Legal, we have a team of seasoned professionals well-versed in the divorce and separation process. We can handle the entire application process on your behalf, including filing the necessary documents, arranging for service of the Divorce Application to your spouse, and representing you at the court hearing.
Upon the successful granting of the Divorce Order, you will receive the official decree one month and one day after the hearing date. It’s important to note that neither party may remarry until the Divorce Order has been issued.
While divorce proceedings address the dissolution of the marriage, it’s important to understand that they are separate from financial and parenting matters. If you have concerns related to property settlement and/or parenting/children’s matters, you can either make an application to the court or seek resolution through agreement, both before and after the divorce. This means that once you and your spouse have separated you can proceed to resolve these matters whenever you feel ready. However, it’s worth noting that there is a time limit for bringing an application for property settlement and/or spouse maintenance, which is within one year of the Divorce Order becoming final.
Simplify your divorce journey by entrusting JS Legal Family Lawyers with your legal needs. Our team is committed to providing comprehensive support and guiding you through the process, ensuring your rights and interests are protected. Contact us today to schedule a consultation and take the first step toward a brighter future.
Remember, with JS Legal, you’re not alone. We’re here to help you navigate the complexities of divorce and achieve a favourable resolution for your family.
Seperation in De Facto Relationships
Unlike marriage, de facto relationships lack a formal ceremony to establish their beginning or a legal procedure for formalising their end, such as divorce. This absence of clear milestones can lead to disputes between separating couples when determining the duration of their relationship.
According to the Family Law Act, a de facto relationship must exceed a period of 2 years for its provisions to apply. However, even if the relationship is shorter than 2 years, the court may still have jurisdiction over financial matters if one party has made contributions during the relationship or if there is a child involved.
If you need guidance on whether your relationship falls under the provisions of the Family Law Act, it is advisable to consult with JS Legal Family Lawyers. They can provide you with expert advice and assist in determining the legal implications of your specific situation.
According to the Family Law Act, a de facto relationship must exceed a period of 2 years for its provisions to apply. However, even if the relationship is shorter than 2 years, the court may still have jurisdiction over financial matters if one party has made contributions during the relationship or if there is a child involved.
If you need guidance on whether your relationship falls under the provisions of the Family Law Act, it is advisable to consult with JS Legal Family Lawyers. They can provide you with expert advice and assist in determining the legal implications of your specific situation.
No Fault Divorce
No-fault
divorce in Australia refers to a legal process where couples can end their marriage without having to prove that either party was at fault. Introduced in 1975 under the Family Law Act, this system focuses on the irretrievable breakdown of the marriage rather
than assigning blame. It allows couples to dissolve their union amicably, reducing conflict and emotional distress. No-fault divorce promotes a more efficient and less adversarial approach, encouraging parties to work together to reach fair agreements regarding
property division, child custody, and financial matters. JS Legal offers expert guidance to navigate the complexities of this process, ensuring a smooth transition for clients.
SUPERANNUATION OR PENSION AFTER DIVORCE
When couples separate or divorce, the division of assets becomes a crucial matter. Many individuals seeking legal guidance on property settlements may not realize that their superannuation, retirement, or pension funds, regardless of whether they are held in Australia or overseas, can be considered as assets subject to Australian splitting Orders or similar Orders obtained abroad.
The treatment of a party’s superannuation or pension interest by the Court can vary. It may be viewed as an asset within the asset pool for division or simply as a future financial resource for the party. This distinction can significantly impact court proceedings and property settlements.
Therefore, it is essential to obtain the appropriate legal and financial advice regarding your superannuation or pension interest. Different factors come into play, such as whether the funds are accumulation funds or defined benefit funds, whether they are in the growth or pension phase, and the accessibility of the funds as a lump sum, partial lump sum, or pension.
At JS Legal, we understand the complexities involved in these matters and provide expert guidance to ensure you make informed decisions regarding your superannuation or pension interests. Our team will assist you in navigating the legal and financial aspects, aiming for a fair and favorable resolution in your property settlement.
If you have an overseas superannuation or pension fund, such as one held in the UK, there will be additional complexities to consider. These complexities include determining the appropriate valuation methods and selecting a suitable expert. Additionally, you need to address the tax treatment in potentially two different countries, the specific rules of the fund, and the laws of the other country that may impact the implementation of any arrangements related to super splitting or pension sharing. Another option to explore is the potential transfer of your interest from a UK fund to Australia.
For instance, it is crucial to carefully consider obtaining expert advice for English and UK citizens, as well as expatriates residing in Australia, who have English pension funds. This advice should focus on how to obtain English or UK pension sharing Orders in Australia and implement them in the United Kingdom.
In some cases, certain US retirement funds allow access to benefits under circumstances other than retirement, hardship, or death. In such situations, it is essential to consider the method of access and the potential consequences of double taxation. Additionally, existing international treaties between the US and Australia need to be taken into account.
If you have superannuation or pension interests in Australia or overseas and would like further guidance, please don’t hesitate to contact us.
The treatment of a party’s superannuation or pension interest by the Court can vary. It may be viewed as an asset within the asset pool for division or simply as a future financial resource for the party. This distinction can significantly impact court proceedings and property settlements.
Therefore, it is essential to obtain the appropriate legal and financial advice regarding your superannuation or pension interest. Different factors come into play, such as whether the funds are accumulation funds or defined benefit funds, whether they are in the growth or pension phase, and the accessibility of the funds as a lump sum, partial lump sum, or pension.
At JS Legal, we understand the complexities involved in these matters and provide expert guidance to ensure you make informed decisions regarding your superannuation or pension interests. Our team will assist you in navigating the legal and financial aspects, aiming for a fair and favorable resolution in your property settlement.
If you have an overseas superannuation or pension fund, such as one held in the UK, there will be additional complexities to consider. These complexities include determining the appropriate valuation methods and selecting a suitable expert. Additionally, you need to address the tax treatment in potentially two different countries, the specific rules of the fund, and the laws of the other country that may impact the implementation of any arrangements related to super splitting or pension sharing. Another option to explore is the potential transfer of your interest from a UK fund to Australia.
For instance, it is crucial to carefully consider obtaining expert advice for English and UK citizens, as well as expatriates residing in Australia, who have English pension funds. This advice should focus on how to obtain English or UK pension sharing Orders in Australia and implement them in the United Kingdom.
In some cases, certain US retirement funds allow access to benefits under circumstances other than retirement, hardship, or death. In such situations, it is essential to consider the method of access and the potential consequences of double taxation. Additionally, existing international treaties between the US and Australia need to be taken into account.
If you have superannuation or pension interests in Australia or overseas and would like further guidance, please don’t hesitate to contact us.
Understanding Superannuation in Divorce or Separation
Navigating the complexities of superannuation in the midst of a divorce or separation can be challenging. These emotionally charged times require careful decision-making, particularly when it comes to handling superannuation, a significant asset. This article aims to simplify the intricacies involved in managing superannuation during this tumultuous period. Key points to consider:
- Superannuation as Property: According to the Family Law Act of 1975, superannuation is regarded as a divisible property in divorce or separation cases.
- Superannuation Splitting: Couples have the option to value and divide their superannuation, but this process is subject to superannuation laws and regulations.
- Division Options: When it comes to superannuation in divorce, three primary choices exist: splitting the funds, deferring the decision, or leaving the superannuation untouched.
- Self-Managed Super Funds: Handling superannuation splits involving self-managed super funds (SMSFs) can be intricate and requires professional guidance.
- Seeking Professional Advice: It is crucial to seek early guidance from experienced family lawyers specialising in family law matters, such as JS Family Law, during the separation process.
Superannuation in Family Law
Superannuation and its Treatment in Divorce or Separation In the context of divorce or separation, the Family Law Act of 1975 designates superannuation as a form of property. However, it is distinctive from other types of property due to its existence within a trust. As a result, superannuation becomes part of the divisible property pool during the process of separation or divorce. The Family Law (Superannuation) Regulations 2001 outline the guidelines for valuing superannuation interests, the procedures for dividing payments, and the obligations of trustees in providing relevant information.
The law permits couples going through separation to assign a value to their superannuation and divide the payments accordingly. However, it is important to note that such splitting does not immediately transform superannuation into a liquid asset. It remains subject to superannuation laws and regulations, typically retained until the retirement age is reached.
The law permits couples going through separation to assign a value to their superannuation and divide the payments accordingly. However, it is important to note that such splitting does not immediately transform superannuation into a liquid asset. It remains subject to superannuation laws and regulations, typically retained until the retirement age is reached.
Paths to Superannuation Division
Managing Superannuation in Separation or Divorce: Available Options When dealing with superannuation during a separation or divorce, there are three main choices to consider:
- 1. Superannuation Sharing: Both parties have the option to divide their superannuation either through mutual agreement or a court order. However, it’s important to note that splitting does not immediately convert it into cash. The superannuation remains tied to the superannuation system until a release condition, such as reaching the preservation age, is met.
- 2. Postponing the Decision: You can choose to defer making any decisions regarding the superannuation account until a specific event occurs, such as retirement. By entering into a flagging agreement, the super fund is restricted from making payments from the superannuation account until the flag is lifted. This option may be suitable if one or both parties have a defined benefit account, where determining the value of the superannuation can be complex.
- 3. Leaving Superannuation Untouched: Couples may decide to divide their other assets while keeping the superannuation benefits intact. This approach is particularly applicable to de facto couples in Western Australia, where the superannuation cannot be divided.
Navigating the best option for your situation can be complex, and seeking advice from professionals experienced in family law and superannuation matters is highly recommended.
Dealing with Self-Managed Super Funds
Navigating Property Settlements with Self-Managed Super Funds (SMSFs)
Handling property settlements involving self-managed super funds (SMSFs) can be intricate. When dealing with an SMSF, it is crucial to engage with your super fund’s accountant as early as possible to ensure that member benefits and financial statements are updated prior to initiating any splitting order or agreement. This may involve obtaining updated valuations of the fund’s assets.
Creating a new self-managed fund solely to receive the split benefit might not be cost-effective. Instead, an alternative option could be to consolidate the transferable benefit and the pre-existing member benefit into a retail fund. This can be a more favourable choice. However, before making any decisions regarding the splitting of self-managed superannuation, it is advisable for parties involved with an SMSF to seek guidance from a financial planner and an accountant. This is essential due to the potential for higher compliance and management fees associated with SMSFs.
Handling property settlements involving self-managed super funds (SMSFs) can be intricate. When dealing with an SMSF, it is crucial to engage with your super fund’s accountant as early as possible to ensure that member benefits and financial statements are updated prior to initiating any splitting order or agreement. This may involve obtaining updated valuations of the fund’s assets.
Creating a new self-managed fund solely to receive the split benefit might not be cost-effective. Instead, an alternative option could be to consolidate the transferable benefit and the pre-existing member benefit into a retail fund. This can be a more favourable choice. However, before making any decisions regarding the splitting of self-managed superannuation, it is advisable for parties involved with an SMSF to seek guidance from a financial planner and an accountant. This is essential due to the potential for higher compliance and management fees associated with SMSFs.
Selecting the Best Course of Action
Choosing the Best Approach
for Superannuation Splitting The process of negotiating superannuation splitting is unique to each couple’s circumstances, ensuring a fair and equitable outcome. It’s important to consider superannuation splitting within the broader context of overall property division. If the situation warrants, and both parties have similar incomes and accumulated comparable superannuation levels, there may be no obligation to split superannuation in a property settlement.
Given the intricate complexities and long-term implications involved in superannuation splitting, it is highly recommended to seek guidance from an experienced family lawyer early in the separation process. They can provide tailored advice based on your specific circumstances and future goals.
At JS Legal Family Law, our dedicated team of professionals understands the intricacies of both superannuation and family law. We are committed to offering personalized advice that addresses your individual needs. If you are going through a divorce or separation and require guidance on managing your superannuation, please don’t hesitate to contact us. You can reach us through our website or by giving us a call. We are here to support you every step of the way and help you secure your financial future.
for Superannuation Splitting The process of negotiating superannuation splitting is unique to each couple’s circumstances, ensuring a fair and equitable outcome. It’s important to consider superannuation splitting within the broader context of overall property division. If the situation warrants, and both parties have similar incomes and accumulated comparable superannuation levels, there may be no obligation to split superannuation in a property settlement.
Given the intricate complexities and long-term implications involved in superannuation splitting, it is highly recommended to seek guidance from an experienced family lawyer early in the separation process. They can provide tailored advice based on your specific circumstances and future goals.
At JS Legal Family Law, our dedicated team of professionals understands the intricacies of both superannuation and family law. We are committed to offering personalized advice that addresses your individual needs. If you are going through a divorce or separation and require guidance on managing your superannuation, please don’t hesitate to contact us. You can reach us through our website or by giving us a call. We are here to support you every step of the way and help you secure your financial future.