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Considering Divorce

Relationship breakdown can be a particularly stressful time for all parties involved. At 360 Legal, we appreciate that no two relationships are the same, so we take the time to understand your individual situation. It is important to remember that divorce does not establish how property will be divided or determine the custody of the children. Divorce simply means that the marriage has been terminated in the eyes of the law. ‘No fault’ divorce in Australia means that you do not need a reason to get divorced, it is only essential that the marriage has broken down irreversibly. It is important, however, to understand your specific rights and responsibilities when getting divorced, such as:

  • Requirements around separation;
  • Service of documents; and
  • In some cases, mandatory counselling

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Whilst navigating your divorce, there may be other issues that need to be dealt with relating to your marriage such as the marital asset pool and custody of children. Our team of experienced solicitors will guide you through the process whilst maintaining your best interests at all times. We also provide advice on:

  • Binding financial agreements and settlements
  • Child support
  • Spousal maintenance
  • Division of property

Property Division

Property division in NSW is highly dependant on individual circumstances. There is no pre-determined formula to establish how property will be divided. In most cases, property division following relationship breakdown can be resolved outside of Court through a process of mutual consent such as through mediation or negotiation. In other cases, parties who cannot reach an agreement on how to divide assets can apply to Court where assets will be divided on a case-by-case basis in a just and equitable manner. The general principles that the Court consults when determining such disputes include:

  • The worth of your assets and debts
  • Direct financial contributions
  • Non-financial contributions such as caring for children
  • Each party’s future requirements such as capacity to earn money, age, caring for children

As such, your individual circumstances will determine how much of the asset pool you will be apportioned. In some instances, complex company structures or trusts can mean that certain assets are deliberately left out of the asset pool. With our extensive experience in asset discovery and targeted searches, we can advise you on how you can achieve the best possible outcome.

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Spousal Maintenance

Spousal maintenance or de facto partner maintenance are payments that need to be made to your former marital partner or de facto partner when they are unable to financially support themselves. These payments can be made in lump sums or periodically following separation or divorce. Our team of dedicated lawyers can assist you with your spousal or de facto partner maintenance application.

The application needs to be made within 12 months of your divorce or within 2 years of the breakdown of your de facto relationship. Alternatively, if you do not want to apply to the court for a financial order, our team can help both parties negotiate an appropriate amount.  We can also help you if you need to apply for spousal maintenance but your time limit has expired or you want to apply to Court for a variation to the maintenance order.

In deciding how much maintenance is to be paid, the Court will consider many factors including:

  • The financial situation of both parties
  • Your ability to earn and capacity to work
  • An appropriate standard of living