After 12 months separation, you can apply for divorce. Cornelius Family Law will ensure your application is complete and will attend Court on your behalf. We will explain the effects of divorce on your other entitlements including maintenance, property settlements, superannuation entitlements and wills. We will also provide to you options as to ensuring your will is updated post separation through our affiliation with experts in that field.
At any time after separation you can begin the process of dividing assets including superannuation. Cornelius Family Law will explain your rights and strategy for ensuring you get a fair entitlement.
Once commonly known as custody and access, Cornelius Family Law will explain in plain language the factors that are considered as being in the best interests for the children in the Family Court. We will explain recent changes, including the notion of “shared care” and what this means for your particular circumstances.
You may not be aware that married couples could be entitled to periodic (monthly, weekly) payments or in the form of a lump sum adjustment when dealing with a property settlement. Again, we will explain in simple language your rights.
Pre-nuptial Agreements and Financial Agreements
Changes to the legislation make it possible for couples to decide for themselves the division of assets without the necessity of having to apply to the Courts for approval. These agreements are complicated with respect to ensuring all the legal requirements are met to make certain they will hold up against any challenge in the future. Time constraints and the manner of the negotiations regarding the making of the agreement are vital considerations which we can explain to you. Cornelius Family Law will discuss your wishes and ensure that all requirements are dealt with for your peace of mind. Binding Financial Agreements can be entered into either before marriage, during marriage or after marriage. These agreements are available regardless if you are in a marriage or de facto relationship, including same sex relationships.
Child Support Agency Matters
Dealing with the agency can be a frustrating experience for some people. Cornelius Family Law will explain the process including your options as to payment and collection.
De Facto / Same Sex Relationships
If you are in a de facto / same sex relationship, amendments to the Family Law Act and state legislation provides the ability to resolve your matter under that legislation. Cornelius Family Law will ensure that the appropriate legislation applicable to your matter is complied with to assist resolution.
Choosing the right lawyer is only half the problem if you have a Court date looming. Ensuring you have the right barrister at Court is vital. With a wealth of knowledge, having worked with or opposed to numerous barristers, Cornelius Family Law will advise as to the best person suited to your particular circumstances.