At Beena Rezaee Legal & Migration, we recognise that a relationship breakdown is stressful, especially if there are children involved. There are usually financial, emotional and legal issues that need to be addressed. Our team can provide you with support and legal assistance while you prepare the necessary documents in a self-represented matter, or, alternatively, we can assist you from start to finish.
We provide culturally sensitive legal services and understand that Australian family law can seem very different to family law in some other countries. We also understand that Australian family law can be very different to the rules and obligations of many religions. We can help you understand these differences so you can make decisions about what is right for you and your family.We can assist you inside and outside Court, but we see Court as a last resort. You should get advice about your rights before you negotiate with the other party. Alternatively, we can negotiate for you. If an agreement is reached, we can prepare documents to ensure the agreement is legally enforceable. We can also review and advise you in relation to documents prepared by the other party’s lawyer.
Our team can assist you with:
Our team of lawyers can assist you with all aspects of your divorce. We can advise you about who can and cannot apply and how divorce may affect other matters such as the operation of an existing Will. You will only be able to apply for a divorce if you have been separated from your spouse for at least 12 months immediately prior to making the application. If you have been separated for less than 12 months, you will be required to attend mediation first.
Australia has ‘no fault’ divorce. Therefore, you can make an application for divorce without having any reason to do so. Neither party has to prove that the other did something to cause the breakdown of the marriage.
In ordinary cases, a divorce is quite straightforward, however there can sometimes be additional factors to consider such as:
When making a divorce application, you may also be eligible for a fee reduction from the Court.
If you were married overseas, you can make an application for divorce so long as your marriage is recognised in Australia as a valid marriage under Part VA of the Marriage Act 1961. When you lodge the application, you must provide a copy of your foreign marriage certificate including an affidavit translation of marriage certificate from a certified translator.
To obtain a divorce, the Court must be satisfied that you and your spouse have been separated for at least 12 months and there is no reasonable likelihood if resuming the marriage. It is possible to obtain a divorce even if you and your spouse are residing under the same roof for some or all of the 12 months. In such circumstances, you will need to file an affidavit explaining relevant matters, including, but not limited to, a change in sleeping arrangements, division of finances, reduction of shared activities, and why you continued to live in the same home following separation.
A process server can normally assist you in locating your spouse to serve the divorce application on them. If you are the applicant, you cannot serve the application on your spouse personally.
If there are children of the marriage who are under 18 years of age, a Court can only grant a divorce if it is satisfied that proper arrangements have been made for the care of the children. You will be asked to provide information in relation to this and should endeavour to provide sufficient details.
You are able to remarry one month and one day after the divorce orders are made. Divorces are not always granted at the first hearing, so you should not make any plans to remarry until after the divorce is finalised.
Arrangements in respect of property and children are separate to a divorce. You will have 12 months from the date of divorce to initiate these arrangements or proceedings, unless otherwise agreed with the other party.
To discuss making a divorce application, please contact our office.
Separation and divorce is a stressful time for all, including children. Our team can advise you in relation to the law and how it relates to children. We can assist you in working out living arrangements and in referring you to certain support services where needed. We understand that every family is different and will naturally have different needs.
Following the breakdown of a relationship or marriage, we encourage you to consider making suitable living arrangements for the children without going to Court. This can be done privately, with the assistance of lawyers, or through family dispute resolution. If you and your former partner reach an agreement, we can assist you in formalising an agreement and making this legally enforceable. This can be done in a number of ways – each of which have their own benefits. If you and your former partner cannot reach an agreement, we can advise you on the next steps. Parents have certain obligations to fulfil if unable to resolve a dispute about arrangements for their children.
To discuss making arrangements for your children, please contact our office.
The term normally given to the alteration of property interests and division of assets following separation or divorce is “property settlement”. Our team of lawyers can assist you in negotiating an appropriate outcome and can advise you on entitlements to property which you may not already know you had.
It is common to have concerns about your financial future after separation. Receiving prompt advice regarding the division or protection of your property is important. Some matters need to be dealt with urgently and the law regarding property division can be complex. It is advisable that you seek legal advice at an early stage.
If you and your former partner reach an agreement in respect of property, we can assist you in formalising the agreement and making it legally enforceable. If you and your partner cannot reach an agreement, you may wish to consider making an application to the Court, however this should be a last resort in most circumstances.
If you require advice in relation to a property settlement, your rights and next steps, please contact our office.
No, you do not need to be divorced. In fact, it is usually best to get a property settlement prior to making an application for divorce as you will only have 12 months from the date the divorce orders are finalised to initiate a property settlement or commence proceedings.
De facto couples have two years from the date of separation to initiate a property settlement or proceedings.
This is a common misconception. The term “property” does not only refer to real property such as a house or any other real estate. It also refers to cash in bank accounts, cars and other vehicles, investments and superannuation entitlements. It also includes household items such as jewellery. It may also include a business.
No, not necessarily. There is no rule that each party must get 50% of the asset pool. The process is as follows:
Yes, you may be entitled to property in a property settlement. The law looks at the contributions made by each party during your marriage and de facto relationship.These contributions can be financial or non-financial. The law will take into account the contributions you have made as a homemaker (for example, cleaning, washing, shopping and cooking), and, if you have children, as a parent.
If safe to do so, you should consider collecting documents relevant to each partner’s finances and property, for example, bank statements showing account numbers, superannuation statements and membership numbers. If you have a joint bank account and your salary is paid into this account, you may also wish to consider directing your salary to a separate account. If you have a death benefit with your superannuation fund and your partner is a named beneficiary, you may also wish to consider updating this.
You may be able to get a court order preventing your partner from using bank accounts and/or selling property. If you are concerned this may happen, you should see advice as soon as possible.
Under Australian law, family violence is treated in the same way as violence against a stranger.Family violence is defined broadly. It is not just physical abuse. Children who are exposed to family violence need protection.
The aim of an Intervention Order is to protect family members against harm. An Intervention Order against a family member is not a criminal charge. However, if that person disobeys an Intervention Order, they can be charged. Intervention Orders can be made after police are called or after a private application to the Magistrates Court.
Beena Rezaee Legal and Migration can assist you if you need protection or if you are accused of committing family violence. We can provide you with culturally sensitive advice so you can make the best decisions for you and your family.
To book a consultation with one of our lawyers, please contact us.
