Marriage break down and separation requires major life decisions in relation to your children, finances and property.

At Kavanagh Lawyers we understand that these decisions will be made at highly emotional, confusing and at times vulnerable stages in your life.

Our staff aims to provide calm, objective, expert legal advice to resolve your matter calmly, quickly and cost effectively.

The Difference Between ‘Divorce’ and ‘Property Settlement’

Divorce is effectively an administrative act, where 12 months after separation a person may apply for divorce. After the proper process has been completed a person may remarry.

However, “Divorce” does not resolve the financial relationship between you and your former spouse. In fact, despite divorce, you and your spouse may have an entitlement to a share of you former spouse’s assets and liabilities.

Important Issues When Considering Divorce

Important issues that arise after separation include but are not limited to such questions as:

  • Do you need to be divorced?
  • If so, when should you divorce? In particular, should a party apply for divorce before or after a property settlement?
  • Is it preferable that a single or joint application for divorce be filed?
  • Did the marriage breakdown in less than 2 years? If so, special conditions apply.
  • Have the Children of the marriage been provided for?
  • Have the parties been “separated under one roof”.
  • The effect of divorce on your will?

As in all areas of Family Law, the facts of each case are unique and it is not possible to give general advice. It is prudent to obtain the advice of a lawyer practising exclusively in the area of Family Law.

Next Steps

  • If we may be of assistance, call Kavanagh Lawyers on (08) 6557 5888.