Separation & Divorce Lawyer

Divorce can be a difficult and emotionally challenging time. Here at Shane McClure, we understand the complexities of separation and divorce and are here to provide you with expert guidance and advice. Whether you are considering a divorce, or are in the midst of one, we are here to help.

Grounds for Divorce and Separation

If you are married, you can only apply for a divorce after you have been separated for a period of 12 months. Separation can occur while the parties are still living together, but most of the time, it occurs when one party physically moves out of the family home. The 12-month separation ground is the most common reason people choose to file for divorce in Australia.

At Shane McClure, we can assist you in preparing your divorce application or “dissolution of your marriage.” The application is typically straightforward, and many people opt to do it themselves online. However, there are court fees that apply, which can be around $1000. Once the application is filed online, it usually takes around 2 months to get before a judge. Sometimes, you need to attend court for the hearing of the matter, while other times, you do not.

The Matrimonial Home: Who Stays and Who Goes?

For some separating couples, continuing to live together while the bigger issues are being sorted is possible. However, for most, this is not practical, and the level of conflict might be having a detrimental effect upon both you and your children’s emotional well-being. Generally, if one party has been the child/children’s primary carer for the sake of stability for the children, that parent would remain in the home, and the other party would move out.

If parties are unable to agree on who should stay in the home, then we are here to help. Our experienced team at Shane McClure can provide you with advice on what to do, including taking the matter up with your ex-partner or their lawyer. In rare cases, we can also go to court to obtain an order permitting you to reside in the house to the exclusion of the other party, which is referred to as a Sole Occupancy Order.

Division of Property and Assets

One of the most complex aspects of divorce and separation is the division of property and assets. Under Australian law, property and assets are divided based on the contributions of each partner, including financial contributions, non-financial contributions, and contributions to the welfare of the family. This includes superannuation, real estate, shares, and other assets.

It is important to know that in both de facto and marriage relationships, there are time limits which apply in relation to both property and spousal maintenance. Most couples who separate resolve their property/financial issues well before their divorce.

If you are married, the application for property and spousal maintenance must be made within 12 months of your divorce becoming final. Later applications require special permission from the court, but this permission is not always granted. If you were in a de facto relationship, your application for property settlement must be filed within the court within 2 years of the separation of that de facto relationship.

Child Custody and Support

If you have children, you will need to make arrangements for their care and support after the divorce or separation. This includes decisions about where the children will live, who will make important decisions about their welfare, and how much child support will be paid.

At Shane McClure, we understand the importance of prioritising the best interests of your children. Our team can help you negotiate a parenting agreement, including shared custody arrangements, regular visitation, and a fair child support arrangement.

Alternative Dispute Resolution

At Shane McClure, we believe in helping our clients resolve their divorce and separation issues through alternative dispute resolution methods. This can include negotiation, mediation, or collaborative law. These methods can be less expensive, less time-consuming, and less stressful than going to court. Additionally, alternative dispute resolution methods allow for greater control over the outcome and promote better communication between parties.

Our experienced team can guide you through the process, assist in negotiations, and ensure that the outcome is fair and equitable for both parties. We understand that divorce and separation can be difficult, but we are here to help you navigate the process and come to a resolution that works for you and your family.

Experienced Legal Representation

At Shane McClure, we pride ourselves on providing our clients with the best possible legal representation during their divorce or separation proceedings. Our experienced lawyers understand the complexities of Australian family law and will work tirelessly to protect your rights and interests.

We are here to help you with every step of the process, from filing your divorce application to negotiating custody arrangements and division of assets. Our lawyers will represent you in court, if necessary, and ensure that your case is presented in the most favorable light possible.

Contact Us Today

If you are considering a divorce or separation, or are already in the process, do not hesitate to contact us at Shane McClure. Our experienced team is here to provide you with the guidance, advice, and legal representation you need to navigate this challenging time in your life. Contact us today to schedule a consultation and see how we can help you.

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