Divorce & Separation
At Clancy & Triado, our experts in divorce law can help you apply for divorce, or prepare and serve the necessary documentation on your behalf.
You can apply for a divorce if you have been married and separated for at least one year. It is possible to be separated yet living under one roof, however you and your former partner must have lead separate lives during that period, it must be clear to family and friends that you have been separated, and you will need to provide evidence supporting the separation from a third party.
If you and your former partner agree, you can apply for a Joint Application for divorce. Even if your former partner does not agree, you can still proceed with a sole divorce application, as long as the necessary documents are served on your former spouse prior to the divorce hearing.
At Clancy & Triado, our experts in divorce law can help you apply for divorce, or prepare and serve the necessary documentation on your behalf.
Rights and Obligations
If your marriage breaks down, you have rights and obligations that may include property settlement and spousal maintenance. We strongly recommend that you obtain legal advice before you apply for a divorce, as your divorce and/or the date of separation may affect your entitlement to a property settlement and spousal maintenance. Similarly, a divorce may affect your Will and any entitlements you may have under another person’s Will or pursuant to any Trust.
Our aim is to support and advise you on achieving the best possible property settlement following a relationship breakdown.
Meeting the needs of any children from your marriage is paramount in the event of divorce.
If you have children from your marriage who are under the age of 18, you as the divorce applicant, are required to attend the Court hearing.
A Clancy & Triado divorce lawyer can help you to obtain the divorce order, and represent you at the Court hearing.
Payments made by one partner to a former spouse or de facto partner contribute to living expenses after separation and are in addition to child support.