Stanley & Co Lawyers are among the best family law firms in Adelaide and have more than 27 years of combined experience in family law. We will help you understand your legal position and provide practical divorce advice in plain English. We promise to keep you informed at every stage of your divorce and to help you make informed decisions.
Our Adelaide divorce lawyers understand understand that your life is about to change and will be there for you from start to finish. Find out why we’re not like other lawyers. Schedule a free 30 minute consultation with our divorce specialists in Adelaide or Christies Beach to get started.
How to get a divorce
Marriages break down for many reasons and sometimes one party feels the other is to blame. However, Australia adopted no-fault divorce in 1975 with the enactment of the Family Law Act 1975. The only ground for divorce is irretrievable breakdown of marriage, evidenced by a twelve month separation. This will have happened if:
- the parties live separately and apart for a continuous period of at least 12 months before filing an application for divorce; and
- there is no reasonable likelihood of cohabitation being resumed.
The 12 month separation period starts when one party communicates to the other that they consider the marriage to be over.
Separation under one roof
The parties are not required to live apart because they may still choose to live under one roof for financial reasons. To demonstrate separation occurred under one roof, it must shown that at least one party has left the relationship, and that the parties live independently. The evidence is dealt with on a case by case basis, but common examples may include:
- reduction in household activities
- division of finances
- change in sleeping arrangements
- evidence from friends, family and others
Going to Court isn’t always the answer
While litigation is appropriate in some cases it isn’t always the answer. Our male and female family lawyers are also collaborative family law practitioners. Whenever possible, we will help you settle outside of Court and are always conscious of the emotional and financial toll divorce has on families. In addition to finalising your divorce, we can also assist you with Family Court property settlement, post separation children’s issues such as who your kids will spend time, parenting plans, consent orders and more.
Helpful Questions & Answers
Do I need a court order?
You do not require a divorce order once your marriage has broken down. A divorce application is independent from other Family Court applications such as consent orders, parenting orders or property settlement.
What if my ex-partner and I can agree on the big issues?
If you and your partner can agree on the bigger issues, a family lawyer can help you formalise the agreement and ask the Family Court to approve it. These kinds of agreements are called consent orders.
What should I do if we can't agree on the big issues?
If you cannot agree, we may apply to the Family Court to decide these matters for you. Book a free 30 minute consultation with our divorce lawyers to get started.
Can I get remarried?
In Australia, you cannot marry another person until you obtain a divorce. If you do get married while your divorce is not finalised, you commit the criminal offence of bigamy. If you are charged with bigamy because you did not finalise your divorce, you face up to four (4) years imprisonment. If this occurs, you need to speak with our expert criminal lawyers to plan the best defence for you.
What happens after I get divorced?
Once your divorce is finalised your legal relationship ends. At this point, you are no longer husband and wife and need to consider the flow on effects on other aspects of your life including:
- Succession planning;
- Wills; or
Getting a divorce not only changes your relationships but also your plans for the future. Stanley & Co Lawyers is a multidisciplinary law firm with offices in Adelaide and Christies Beach with experienced estate planning lawyers.