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Arrangements for Children: We know you only want what’s best for your children, and so do we. We will make sure we get the best arrangements possible for your children, so that you can focus on moving to the next chapter of your life.
Separation & Divorce: Recently separated and unsure of what happens next? Looking to have your divorce arranged so you can move forward with your life? Perhaps you just need some guidance on what to do before you make any decisions? We can help.
DIY Divorce: Are you looking to represent yourself to save money, but need a little guidance? Our affordable ‘Lawyer Assisted’ program offers you the help you need to effectively represent yourself (and we can do this from anywhere in Australia).
Division of assets: If you’ve had a relationship breakdown or just need to organise a division of finances or assets, we can assist. We handle Property Settlements, Financial Settlements (including Superannuation splits) and Consent Orders.
Mediation: Mediation offers a way which you and the other person in the dispute, can talk to each other in a structured environment, with a trained mediator helping you to discuss your issues. Mediation can help keep your matter out of court, saving you time and costs.
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Meet Our Team: Introducing our team who will help you with your needs during this stressful time.
Need help in the
post-separation
world?
Firstly – it’s current values not what it was worth at separation. For “Real” property (houses etc) get a real estate agent to give you an appraisal. It will do to start with and it’s free. For cars, bikes etc go to www.redbook.com.au; or carsales.com.au; for boats, caravans etc, look online at similar sales – or take these items to a dealer locally.
Bank accounts are easy, you just need a printout of all bank accounts.
Furniture, tools, jewellery etc – it’s a second hand value not replacement/insured value and don’t get too excited about it, it’s often worth much less than you think! Try and come up with a global value; again by looking on Gumtree, experts in TradingMate.com.au or Marketplace for an idea.
For superannuation, take in the most recent statement but also see if you can get a current balance.
Valuing a company and/or business is a bit more involved and may require a formal valuation.
In Cairns Family Law terms this is called a relocation. If you have court orders in place that provide for the children to live with or spend time with the other parent, you would not be able to re-locate if by doing so, those orders were not able to be carried out any longer.
You have to apply to the court for orders a variation of the court orders if the other person didn’t agree to let you relocate with children.
If there are no court orders in place then of course relocating without the other person’s consent is not a breach of court orders but you run a real risk of the court ordering the children to be returned back to the place where they were taken from, if they were taken without the other person’s consent. The starting point is always mediation to see if you can resolve whether the relocation can be agreed. If not then unfortunately you really must seek the approval of the court before relocating.
You make an application to the court. The application for divorce is a fairly straightforward form that can be downloaded from the Internet and filled in by people without necessarily needing family lawyers to do it for you. You do need to be aware that you must be separated for at least 12 months before you can file your application. You can be separated but still living under the one roof however, you will need to file an affidavit setting out all the things that Court needs to know to be satisfied that you are in fact separated. There are some tips and tricks in relation to filling in an application for divorce correctly, and serving it. It is always worth getting some legal advice about the process.
