You can apply for a divorce 12 months from the date of separation. Your separation date is the date you both agree your marriage was over or if there is a dispute around the actual date you can provide affidavits explaining why you believe it to be a certain date.
A divorce means you are no longer married to the other person. Be aware that does not immediately mean you are financially separated. You have 12 months from the date of your divorce being granted to complete a financial settlement* and apply to the court if you need to file a proceeding. It is prudent that you should consider finalising your financial separation prior to applying for a divorce. *If you have certain assets in one party’s name, we strongly advise you should seek legal advice prior to making a divorce application.
No, you do not require a lawyer. You can write your own documents, the information and templates are online, however, it is not a straight forward process even if you agree your financial split of assets. If the documents are not completed correctly you will require a lawyer to re-write them. Act4Tomorrow strongly encourages you to obtain at the very minimum independent legal advice regarding your entitlement, then you will be in a better position to make whatever informed decision you wish.
Before you commence negotiating or agreeing to a settlement with your ex-partner. After you and your Ex-partner have come to an agreement your lawyer will write a legal document of your agreement, a Consent Order to be lodged with the courts or a Binding Financial Agreement. With Act4Tomorrow we will organise a one-hour consultation with one of our independent lawyers who work with our clients. They will explain your entitlement and discuss your concerns regarding parenting matters at the outset. Then only return to your matter once you have reached an agreement.
A lawyer can only act on behalf of one client, therefore you should both obtain your own independent legal advice with two separate lawyers. Once you have both had advice and come to your agreement you can have one lawyer draft the Consent Order. With Act4Tomorrow we arrange separate lawyers for a one-hour independent legal advice meeting, after all your information has been gathered. Then the lawyer is not engaged again until you have reached an agreed settlement.
As we are not solicitors or lawyers, we are mediator trained, we can work with both parties in an unbiased, impartial manner to assist you both to come to negotiated agreement. Why you separated is your business, moving you through the process to a settlement is ours.
The costs vary on how many times you speak to your lawyer, how complex your matter is, it could depend on the lawyer. It has been noted that it can cost anywhere from $15,000.00 to $150,000.00 and beyond to engage a lawyer for the entire process for an average income earning person. If you end up in court the cost escalates dramatically from these quoted.
Not with Act 4 Tomorrow, we work with all our clients remotely via telephone or Zoom link. We have found this is a convenient method for all clients. There is no need to attend meetings in office.
You will require a legal document to officially be financially separated, either a Consent Order or a Binding Financial Agreement. With Ac4Tomorrow we will manage the process for you, keeping your costs with the solicitor to a minimum.
We assist will all aspects of your separation, communications back and forth between parties, even around other day to day matters unrelated to the separation to keep things civil between parties, refinancing, real estate, mental health, children matters, private parenting plans, on line divorce application. We have established relationships with all the relevant professionals you may require: Refinancing, Real Estate Agents (that understand your situation), Conveyancing & Wills Lawyers, Psychologists and Other Specialists.
Avoiding court saves you time and money. By making the decisions yourself you will know exactly what you are going to receive from your settlement. Going to court has its uncertainty and also you are leaving the decision with the courts. The cost is unknown and can escalate over and above the difference you are fighting to achieve. Long protracted proceedings lead to more stress and pressure to your family, it can take years. You won’t be able to move on with your life until you settle and sever ties to your ex-partner.