Divorce & Separation
We will work with you to create a new chapter,
helping your family move forward in a new way.
Helping you with the practical aspects of Divorce and Separation
We understand that divorce can represent an end to a part of your family history.
Our job is to help you to transform this time into the beginning of a new chapter in your life - we will work with you to help your family move forward in a new way.
We understand that a lot of people will offer advice and some of that advice can be conflicting.
At McCarthy Family Law we will assist you by helping to reduce the very real stress and concern about the practical aspects including:
- What paperwork is involved.
- What to file.
- When to file.
- As well as, what happens next.
We can help you with some initial advice to help you to focus on the direction you want to go next.
Our initial advice can help you plan for the future, with the following:
- How documents relating to the divorce will be served upon the other party. Especially in circumstances where a spouse may have moved a long way away. Or may have chosen not to disclose their new address.
- Understanding limitation periods for any proposed property applications.
- Whether or not you would be required to attend a hearing about your divorce.
- What a Decree Nici is and when a divorce becomes final.
Spousal maintenance is an expense that is different from child maintenance. It is to cover the basics such as rent, food, clothing, and living expenses.
The eligibility for spousal maintenance will depend on the circumstances of the person applying to receive the maintenance and the person who would pay the maintenance.
An application for spousal maintenance can be considered in many circumstances and can be granted on an urgent interim basis.
The types of things a court will consider:
- If the person needing the spousal maintenance to be paid to them, looks after a child or children from the relationship; and
- The ability of the person who needs the spousal maintenance to be employed or to earn a living in order to support themselves, and what type of issues might make this difficult, e.g. young children, illness, etc.
- The Court will also consider any other relevant issues that are unique to the circumstances of your matter.
If you are in an urgent situation following the breakdown of your relationship or marriage, or if you have received an application for the payment of spousal maintenance from a previous partner or spouse, please contact our offices to arrange for a confidential consultation.