While every family law matter is unique, here are the top 5 questions about divorce that are still common:
1. Q. How long after separation can I apply for a divorce?
A. Generally 12 months. The court will grant your divorce once it is satisfied your marriage has irretrievably broken down, and proper arrangements are in place for any children. One month and one day from the date of the final court hearing, your divorce will become final. You can then remarry should you wish.
2. Q. Can I have a property settlement before my divorce is finalised?
A. Yes you can begin proceedings after separation and if both parties agree, the court can make consent orders to formalise the agreement.
3. Q. Can I apply for parenting orders before my divorce is finalised?
A. Yes, you can ask the court for both interim (immediate) and final (long-term) parenting orders following separation, and, if you both agree, the court can make orders to formalise the situation.
4. Q. Is an agreement we reach ourselves enforceable?
A. The terms of the agreement can be converted into court orders by consent, and will then be enforceable.
5. Q. Is there an alternative to going to court?
A. Yes , there are a number of alternatives to going to court. One of the most effective ways of settling issues us by mediation. As accredited mediators, Anderson Boemi can help you to resolve your family law problems effectively and without all the tension of going to court.
Contact one of our Family Lawyers now to discuss how we can help you achieve the best outcome, with the least stress. Our Family Dispute Resolution Practitioner will also be able to assist you with alternative routes other than litigation.