Divorce Lawyer Tweed Heads
Practical Divorce and Separation Advice from an Experienced Solicitor
If you are considering divorce or have recently separated, obtaining clear legal advice can help you understand your rights, obligations and options.
Carl Edwards Solicitor provides advice and representation in divorce and family law matters in Tweed Heads, the Northern Rivers and surrounding areas.
Having practised law since 1986, Carl has extensive experience assisting clients with separation, divorce, parenting arrangements and property settlements.
When you contact Carl Edwards Solicitor, you deal directly with Carl, rather than being passed between different lawyers.
Whether you are considering making a divorce application, have been served with divorce papers or need advice about the financial consequences of separation, Carl can explain the legal process and help you decide what steps to take.
When Can You Apply for Divorce in Australia?
Under Australian family law, you must generally have been separated for at least 12 months and one day before applying for divorce.
Australia has a no-fault divorce system. This means you do not need to prove that your spouse was responsible for the breakdown of the marriage.
To obtain a divorce, the Court must be satisfied that the marriage has broken down irretrievably and that there is no reasonable likelihood of reconciliation.
Separation Under One Roof
It is possible to be separated while continuing to live in the same home. However, additional evidence may be required to establish that you were genuinely separated during that period.
Divorce Applications
A divorce application can be made jointly by both spouses or by one spouse alone.
If you make a sole application, you must comply with the applicable requirements for serving the documents on the other party.
Where there are children under 18, the Court must also be satisfied that proper arrangements have been made for their care, welfare and development, or that there are circumstances justifying the divorce being granted.
Divorce, Property Settlements and Parenting Arrangements
A divorce legally ends a marriage. However, it does not automatically resolve questions about dividing property, financial support or arrangements for children.
Property Settlements Following Separation
Following separation, spouses may need to resolve how their assets, liabilities and superannuation interests are to be divided.
A property settlement can be negotiated before a divorce becomes final. Depending on the circumstances, an agreement may be formalised through Consent Orders or a Binding Financial Agreement.
Importantly, applications for property settlement or spousal maintenance must generally be commenced within 12 months after a divorce order takes effect, unless the Court grants permission to proceed out of time.
Obtaining legal advice before your divorce is finalised can help you avoid unnecessary complications.
Parenting Arrangements and Children
Divorce proceedings are separate from determining where children will live, how they will spend time with each parent and how important decisions concerning their upbringing will be made.
Where parents cannot reach an agreement, it may be necessary to consider family dispute resolution or an application to the Federal Circuit and Family Court of Australia.
Carl Edwards Solicitor can provide advice about divorce, parenting arrangements and property settlement matters, including the options available for reaching an agreement without contested court proceedings.
Speak to a Divorce Lawyer in Tweed Heads
If you are considering divorce, have recently separated or need advice about your family law circumstances, Carl Edwards Solicitor can help you understand your legal options.
With more than 35 years of legal experience, Carl provides practical advice and personal representation in divorce and family law matters.
Whether you need assistance with a divorce application, parenting arrangements or property settlement negotiations, you can speak directly with Carl about your circumstances.
Contact Carl Edwards Solicitor
Telephone: 0421 196 608
Email: [email protected]
Office: Level 1, 1 Sands Street, Tweed Heads NSW 2485
Contact Carl Edwards Solicitor to arrange a consultation and discuss the next steps in your matter.
For further information about parenting arrangements and property settlements, visit my Family Law page.
For further information about applying for divorce in Australia, visit the Federal Circuit and Family Court of Australia’s divorce information page.