You can still apply for a divorce provided you have been separated for a period of 12 months however you may also need to provide a counselling certificate.

Consent orders are a written agreement between the parties that sets out the care welfare and educational decisions relating to the children of the relationship that have been stamped by the court. Consent orders have the same legal effect as if they were made by a judicial officer following a court hearing. The Court must be satisfied that the orders sought are in the best interest of the child.

No two asset pools are the same, so specific advice from a legal professional is paramount however we generally start with a four-step process.

First, we identify the asset pool by looking at the assets, liabilities and superannuation of the parties of the relationship. Next, we look at contributions of the parties. Such contributions are usually classified as being financial (such as being the primary breadwinner or gifts and inheritances), non-financial (such as skilled labour improvements to the family home) or as homemaker and parent.

The third step is consideration of the future needs of the parties. Whilst the final step seeks to ensure that any settlement between the parties is just and equitable.

An Enduring Guardian appointment allows you to nominate one or more persons to make medical and lifestyle decisions such as where you live, what services are provided to you at home and what medical treatment you receive when you lose capacity to make these decisions for yourself.

Whilst you may never need to use this document, it may provide peace of mind to know that someone you trust will be able to make these decisions for you.

If you have attended Court for the divorce hearing and the Registrar has granted your divorce it does not become final until one calendar month and one day after your hearing.  After this date you will be issued with a decree stating that your divorce is final.

To apply for divorce, you need a copy of your original marriage certificate, and not the one that they gave you at the church but the one from births, deaths and marriages.  If you don’t have this you can just head to www.service.nsw.gov.au and apply for a copy to be sent to you.

If your marriage certificate is not in English (because you were married overseas), you must have it translated into English by an authorised translating service. The translator will prepare an affidavit which will need filed with your marriage certificate.

If you were born overseas, you will need your citizenship certificate or visa paperwork which shows you are living legally in Australia and have lived here continuously for a period of more than 12 months.

We will also take a copy of your driver’s licence.

There are some time limits that must be considered when filing for property consent orders.

If you are married, then the time limit is brought about by the granting of a divorce. Once your divorce is granted then you only have 12 months to finalise your property settlement.

For couples in a de-facto relationship, the time limit is brought about by the final breakdown of the relationship. Once your relationship has ended on a final basis then you only have 2 years to seek final property orders.

If you are seeking property orders outside of the time limits mentioned above, then you will need to seek the permission of the Court, however this is not always granted.

Consent orders are a written agreement between the parties in relation to how the assets and liabilities of the relationship are to be divided following separation.  Consent orders can deal with the sale or transfer of property, superannuation splits and division of remaining assets and liabilities.

Property in the family law context refers to all the assets and liabilities of the relationship. It also includes superannuation. It does not matter whether an asset or liability is in a party’s sole name or joint names or even held with another person they all form part of the asset pool.

Some examples of assets include real property (such as the family home or investment property); cash and bank accounts; vehicles (cars, boats, trailers and caravans); investments (such as shares); business and trust interests; insurance policies; superannuation and other valuables (such as jewellery and heirloom pieces).

Some examples of liabilities include mortgages, personal loans, credit card, store cards and other personal debts.

The short answer is yes – you do. Why you may ask. A will is a plan for what happens to your assets and possessions after you die.  You can also nominate a guardian for any minor children. If you do not have a valid will then these may be divided according to legislation and the decision about where children live made by a Court.

You should look to update your will on a regular basis and certainly when you marry, divorce, death of your spouse or beneficiary, birth of any child(ren), incapacity of an executor or a significant change in assets.