Hirst & Co

18/11/2019

The Dangers of Second-Hand Advice

In Australia, the law relating to relationship breakdowns is complex and dependent on the unique circumstances of each case. Practically, this means that 2 different marriages of the same length and with the same number of children may achieve completely different outcomes depending upon a variety of factors that are relevant to each case.

Because of this, it is important that you seek professional advice from an experienced family lawyer that is aware of all the features of your relationship rather than a friend or family member who may also have been through a divorce, as the advice they received may be lost in translation or completely unrelated to your situation and detrimental to your case.

For tailored advice on your circumstances, please contact our office on (07) 3229 4221 to arrange a consultation with one of our experienced family lawyers.

06/11/2019

On Tuesday, we stopped momentarily for the race that stops the nation. Very fun afternoon with the Hirst & Co team at Corbett & Claude.

05/11/2019

What is involved in working out a property settlement?

Splitting assets evenly down the middle may seem like the obvious solution, but there are many factors that will be considered when deciding on a just and equitable property settlement.

Here's what you need to know.

Posted November 6, 2019 What is involved in working out a property settlement? If you and your partner decide to go your separate ways, it’s rarely an easy task to divide your assets.  Splitting assets evenly down the middle may seem like the obvious solution, but there are many factors that will...

29/10/2019

Divorce V Property Settlement

It’s a common misconception that when a couple gets divorced, that as part of that process, they also divide their assets and/or finalise the “custody” arrangements for their children.

In Australia, these are separate legal concepts. Divorce is the legal termination of a marriage - a divorce order will not finalise the division of the couple's property, financial resources and liabilities (commonly referred to as a “property settlement” or “property adjustment”), nor will it finalise the living arrangements for children ofr the marriage.

The Federal Circuit Court of Australia will grant a divorce if it is satisfied that:

The marriage has broken down irretrievably and there is no reasonable likelihood that the parties will get back together; and

The parties have been separated for at least 12 months. This could include being separated but still living in the same home.

In addition, if there are children under 18, the Court will only grant a divorce if it is satisfied that proper arrangements have been made for them.

You can apply for a divorce in Australia if one spouse:

Regards Australia as their home and intends to live in Australia indefinitely; or
Is an Australian citizen; or
Ordinarily lives in Australia and has done so for 12 months immediately before filing for divorce.

Although a divorce and property settlement are separate legal concepts, once a divorce order has been issued parties must commence file any application for property settlement adjustment within 12 months of the divorce becoming final. If you do not apply within this time limit, you will need permission from the Court to do so which is not always granted.

24/10/2019

Thank you to everyone who came along to our annual Hirst & Co Spring Cocktail party. It's always a wonderful opportunity to reconnect socially with those who work alongside (and opposite!) us to assist our clients. Many thanks for a great evening and we look forward to working with you again soon!